Loading...
HomeMy WebLinkAboutAgr 2008-08-28 (Harris) SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE OF CLAIMS This Sett\em~nt Agreement and Mutual General Release of Claims ("Agreement") is entered into as of 1\ \~ us-l ;;;L'i' .2008 between the Town ofTihuron. a municipal corporation ("Town) and arns & Associates, Inc., a Cahtorma corporation ("Hams 'j. The Town and Harris are collectively relerenced as the "Parties." RECITALS I. The Town of TibufOn appointed Harris as project engineer for the Lyford Cove lJndergrounding District by Resolution No. 15-2003. dated May 2\,2003 ("Project Contract"). 2. On May 17, 2007, Harris submitted to the Town a claim tor additional work beyond the scope of the Project Contract ("Additional Work Claim"). !-I,mis claims that the Town owes it an additional $93344 (ninety-three thousand three hundred torty-tour dollars). The Town denies that it owes this sum. 3. In the interest of resolving this dispute without avoiding costly and protracted litigation, the Panics have agrecd to settle the above-described dispute on the teons set torth in this Agreement. On July 16. 2008. the Town Council considered the proposed settlement in closed session and authorized the Town Manager to execute this Agreement AGREEMENT The Town and Harris, in consickration of the mutual covenants of this Agreement. hereby agree to the following terms and conditions: "JTL~')(' 1111 :': 1. The Town will pay to Harris the additional sum of $64.944.50 (sixty-tour thousand nine hundred tlJrty-tour dollars and tiny cents) tor the release of all claims relating to or arising tram the Project Contract that Harris may have against the Town. ~ Harris and the Town hereby fully and forever discharge and release each other ti'om any and all claims and causes of action, whether nO\~ known or now unknown, including, including without limitation, attorneys fees and costs. which the Parties have against each other arising out of the Project Contract and/or the matters described in the Additional Work Claim. , J. This Agreement includes an express waiver of Civil Code section 1542, which states: A general release docs not extend to claims which the creditor docs not know or suspect to exist in his or her favor at the timc of exccuting the release, which if known by him or her must have materially atTl'cted his or hcr settlement with the debtor, ~)T,:,c)(,ISl ::: /y/f: Harris (init.) .p- Town (init) 4. The Parties understand and agrce that this is a compromise settlement agrecment of disputed claims, and that the execution of this Agreement shall not constitute or be decmed or construed as an admission or liability on the part of any of thc Parties. 5. The Parties acknowledge that they have been rcpresented in the preparation orthis Agrecment by the below-listed counsel. The Parties further acknowledge that they havc read this Agreement and that they are fully aware of its intent and its legal etfect and they have not been influenced to any extent whatever by any representations made to them by each othcr. The Parties further represent that they participated in the negotiation of this Agrecment and that it will not be interpreted against any of them as the draftspcrson in the cvcnt or a disputc about this Agreement 6. Each party shall pay and be rcsponsible tor payment of thcir own attorney fees and costs incurred with respect to the Project Contract and Additional Work Claim and the preparation of this Agreement and in fultillment of its terms: however, if any action or arbitration proceeding is commcnced to enforce or interpret any tcrm or provision of this Agreement then thc prcvailing party in such action shall be entitled to his, her or their reasonable attorney fees, costs and necessary disbursements, including without limitation expert fees and costs, mediation and arbitration fees, and the likc, incurred in such action or arbitration proceeding. 7. This Agreement represents the sole and cntire agreement betwcen the Parties hereto and supersedes all prior agreements. negotiations and discussions among them with respect to the subject mattcr covered hereby. Any amcndment to this Agreemcnt must be in writing and signed by the authorized representatives of the parties hereto. 8. This Agrcement may be cxecuted in counterparts, cach of which when so cxecuted shall be deemed an original. and this Agrecment and all signed counterpUl1s shall constitute one and the same instrumcnt. 9. This Agreement is decmed executcd on the date tirst written above. 10 Any provisions of Evidence Code section 1152.5 notwithstanding, this Agreement may be entorced by any pal1y hereto by a motion under Code of Civil Procedure section 664.6 or by any other procedure permitted by law in the Superior Court of Marin County. ~ II. Th~ laws of the State of California shall govern the construction and enforcement of this Agreement. HARR S & ASSOCIATES . ~ ' .,..IUt?/~ y Erickson, President TfIE TOWN OF TlGlIRON I~L (~ l'Ju--l\ Margaret A. Curran Town Manager. Town of Tiburon By: ,-,ty'" )\T'..:i')(,IXI2 APPROVED AS TO FORM /"?ft ~ Ann R. Danforth. Esq. Town Attorney, Town ofTiburon , .1