|
1. The recitals set forth herein form a material part of this Agreement. This
<br />Agreement does not constitute an admission of fact or liability by any of the parties hereto.
<br />2. Without any admission of liability by CITY or SOUTHERN, CITY agrees to pay
<br />to SOUTHERN, within thirty (30) days after this Agreement has been executed by all parties,
<br />including receiving any necessary approvals by the CITY's Commission, a total sum of
<br />$26,250.00, in full and complete and final satisfaction of any and all claims that SOUTHERN
<br />has or may have against the CITY, including any and all attorney's fees and costs. The Check
<br />for $26,250.00 shall be made payable to SOUTHERN's legal counsel's trust account "Bowen
<br />Radson Schroth, P.A. Trust Account" and delivered overnight mail to 600 Jennings Ave., Eustis,
<br />F132726.
<br />3. The CITY and SOUTHERN hereby remise, release, acquit, satisfy and forever
<br />discharge each other of and from all, and all manner of action and actions, cause and causes of
<br />action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties,
<br />covenants, contracts, controversies, agreements, promises, variances, trespasses, damages,
<br />judgments, executions, claims and demands whatsoever, that are or could have been brought in
<br />the Lawsuit or in any proceeding relating to the Project at issue, including but not limited to any
<br />claims in law or in equity, which either party ever had, now have, or which any trustee, personal
<br />representative, successor, heir or assign of either party, hereafter can, shall or may have, against
<br />any other party and/or insurer, including. any statutory claims, claims for attorneys' fees or other
<br />claim for, upon or by reason of any matter, cause or thing whatsoever, known or unknown, from
<br />the beginning of the world to the day of these presents.
<br />5. SOUTHERN further agrees to execute and file a Notice of Voluntary Dismissal of
<br />its counterclaim against CITY With Prejudice, immediately upon and commensurate with the
<br />execution by the parties of this Agreement.
<br />
|