877-Mutual Limited Release SJP MUTUAL LIMITED RELEASE RELATING TO
CONSTRUCTION OF ST. JOHNS PARKWAY
THIS RELEASE is intended to implement that provision in the First Amendment
to the Agreement Between City of Sanford and Eoghan N. Kelley (Construction of St.
Johns Parkway and Permanent Drainage Easement) dated March 28, 2001 which
states that "[a]s a condition precedent to this Amendment, the parties to the Agreement,
this Amendment, CPH (Conklin Porter and Holmes or CPH Engineers, Inc.), and Wal-
Mart shall execute a mutually agreeable limited release expressly waiving and releasing
any and all delay and/or impact claims arising from any delay to the commencement of
the subject project due to the issues addressed by this Amendment."
KNOW ALL MEN BY THESE PRESENTS:
(A) The parties hereto recognize that the applicable signatures have been
obtained relative to a limited release pertaining to Wal Mart and that, to that extent, the
implementation of the remainder of the above-quoted provision has occurred.
(B) The parties hereto desire to implement that portion of the remainder of the
above-quoted provision that has not yet been implemented by virtue of the execution of
this document.
(C) The signatories hereof, in consideration of good and valuable
consideration received, the receipt and sufficiency of which is hereby acknowledged,
and in order to implement the remaining requirements of the above quoted provision,
hereby remise, release, acquit, satisfy, indemnify, insure, hold harmless and forever
discharge one another from and against any and all and manners of action and actions,
causes, causes of action, suits, debts, dues, sums of money, accounts, reckonings,
I
bonds, bills, specialties, covenants, contracts, controversies, agreements, promises,
variances, trespasses, damages, costs, losses, injuries, pre and post-judgment interest,
obligations, losses of services, expenses, compensation, judgments, executions, claims
and demands whatsoever, in law or in equity, which any of the parties hereto now has,
or ever has had, or which the said parties can, shall or may have against another of the
parties hereto for, upon or by reason of any matter, cause or thing whatsoever, known
and unknown, foreseen and unforeseen, direct or indirect, from the beginning of the
world to the date this Release is executed, and including, but not limited to, all issues,
causes, claims, counterclaims administrative claims, set-offs, and allegations which
have been raised, could have been or can be raised at any time relative to any delay
and/or impact claims arising from any delay to the commencement of the St. Johns
Parkway road improvement project due to the issues addressed by the First
Amendment to the Agreement Between City of Sanford and Eoghan N. Kelley
(Construction of St. Johns Parkway and Permanent Drainage Easement). Nothing in
this Release is intended to release any party from damages for future delays in
construction of St. John's Parkway to the extent that such delays result from that party's
failure to perform the terms of the Agreement and the Amendment, or from acts of that
party unrelated to the obligations and transactions covered in the Agreement and
Amendment. Furthermore, execution of this Release shall not create or be construed
as evidence of any duty on the part of any party for the timely construction of or for
impacts to the construction of the St. Johns Parkway.
IN WITNESS WHEREOF, the parties have caused these presents to be
executed in manner and form sufficient to bind them as of the dates set forth below.
2
STATE OF FLORIDA
SWORN TO AND SUBSCRIBED
before me this
day of ,/~g~('~c, 2003, by
Signatu~ of Notary Public
Print'/t~ype, ~r)Bt..am..p. Commissioned
Nam~f Not,try Public
YULEYMA SECHREST
Personally Known OR Produced Identification ,~y comm. exp. Dec.°l15,Fl°rtde
Comm. No. CC895760
Type of Identification Produced
ATTEST: CITY Of SANFORD
R. Dougherty, GAy Clerkly
(CITY SEAL)
For the use and reliance of City of Sanford only.
Approved as to form and legal sufficiency.
City Attorney
SWORN TO AND SUBSCRIBED before me this
day of /Z~-/'£~n~ ~/2003, by
/
Personally Known
Name of Notary Public
OR Produced Identification
Type of Identification Produced
sioned
4
"TRUSTEE"
SEMINOLE FARMS TRUST IV
Witn~ess
~-"Witness
Ha~ld G. Hartsock; Trustee
STATE OF FLORIDA
COUNTY OF ~ '--'¢~_J3~/~O/e
SWORN TO AN~D SUBSCRIBED before me this
day of /?/4/~,~/1--, 2003, by
S~.n~tur~. ¢ Notary Public
Personally Known
Type of Identification Produced
Print, Type, or Stamp Commissioned
Name of Notary Public
YULEYMA SECHREST
OR Produced Identification Notary Pu~llc, Slale 0~ Flodd~
C0~nm. No. CC895760
"KASTNER"
THE ESTATE OF VIOLA KASTNER
Harol'~ G. Harts~b'k, Su'c~essor Personal
Representative
STATE OF FLORIDA
COUN OF
SWORN TO. AND SUB. SCRIBED before me this
day of /~O)"Q~ , 2003, by
Si~?ature?~ Notary P~lic
/
Personally Known V OR Produced Identification
Type of Identification Produced
Print, Type, or Stamp Commissioned
Name of Notary Public
YUt. EYMA SECHREST
M/mmm. exp. Dec. 15, 200~
Corem No. CC895760
6
Signed, sealed and delivered in
the presence of:
Witness
CPH ENGINEERS, INC.
STATE OF FLORIDA
COUNTY OF '~.~[ }(flbrr~L
[~S-V~N TO ,AND SUBSCRIBED before
me this ..., y of 003, by
Iit,.,"' ~ '!~ MY COMMISSION # DD 157523 Ii
II~:~,;~!~!~:,~ EXF~HES:Oc,oberl0,2006 II
Si~dature of Notary Public '~'
_~.?~.,~!(k..i Print, Type, or Stamp Commissioned
X~.-.-.~- Name of Notary Public
Personally Known ' ~" OR Produced Identification
Type of Identification Produced