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Home My WebLink AboutLB Settlement Agreement & Release SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release(hereinafter,"Agreement")is entered into between and among Clay County Utility Authority and Chris-Lin Construction,Inc. as of the Effective Date. The Effective Date is the date the last signatory has executed the Agreement. Clay County Utility Authority and Insured may hereinafter be referred to individually as a"Party"and collectively as"Parties." WITNESSETH WHEREAS, Chris-Lin Construction, Inc. is a corporation with a business located at 1146 Degraw Drive,Apopka,Florida who performs cable conduit installation; WHEREAS, Clay County Utility Authority alleges that on or about 09/24/2021, Chris— Lin Construction damaged a 6-inch sewer force main located at Country Club Blvd. at a roundabout. ("Underlying Claim"); ca 0 WHEREAS, Evanston Insurance Company issued an insurance policy to Chris-Lin W ce Construction,Inc.,with the policy number 3AA429528,which was in effect for the period 10/8/2020 to 10/8/2021 (the"Policy"); WHEREAS, Chris-Lin Construction,Inc. tendered the Underlying Claim to Evanston Insurance Company under the Policy; WHERAS, Evanston Insurance Company assigned claim number C078753 to the Underlying Claim;and WHEREAS, without any admission of liability, the Parties desire to settle, compromise, resolve amicably and discontinue any and all disputes between and among them that involve,arise Pagel of6 from and/or relate to the Underlying Claim,and to avoid the expense, inconvenience,distraction and risks of litigation,by entering into this Agreement. Agreement,Releases,and Covenants 1. Payment.Evanston Insurance Company, on behalf of Chris-Lin Construction, Inc.,will pay Clay County Utility Authority the total sum of$8,897.03 by August 11,2022 in settlement of the Underlying Claim. 2. Release. Clay County Utility Authority, in consideration for the above-referenced payment, forever releases,acquits, and discharges Chris-Lin Construction,Inc.,its insurers (including claims service managers and underwriters)and reinsurers and each of their respective owners,members, shareholders,partners,general partners,limited partners,officers,directors, employees, agents,representatives, legal representatives,affiliates,subsidiaries,parent 0 organizations, sister companies, successor companies,heirs,predecessors,assigns, and all other persons or entities acting on their behalf, from all claims,demands, liens,charges, and causes of action of whatever nature arising out of the Underlying Claim. This release does not constitute a release by Clay County Utility Authority to recover from Evanston or Chris-Lin Construction any and all potential penalties assessed by the Florida Department of Environmental Protection (FDEP) against Clay County Utility Authority for environmental impacts related to the Underlying Claim. Evanston or Chris-Lin Construction's failure to fully pay future invoiced FDEP penalties related to this Underlying Claim will result in Clay County Utility Authority pursing legal action to protect its rights and recover penalties and damages. Clay County Utility Authority reserves its rights under the existing law in the State of Florida should any regulatory Page 2 of 6 action be taken against Clay County Utility Authority due to the Underlying Claim. 3. No Reliance. In executing this Release,the Parties acknowledge that they are not relying on any statement or representation of the other Party regarding the matters in dispute. The Parties are relying on their own judgment and/or are represented by counsel in this matter. 4. Warranty of Capacity to Execute Agreement. The Parties represent and warrant that no other person or entity has or has had any interest in the claims, demands, obligations,or causes of action referred to in this Agreement except as otherwise set forth herein and that the Parties have the sole right and exclusive authority to execute this document and receive the sums or other consideration specified in it. The Parties warrant and represent that they are fully authorized to enter into this Agreement and that the individual signing below is fully authorized to do so on behalf of each entity. 5. Entire Agreement. This Agreement reflects the entire agreement between the Parties. There are no other agreements,either written or oral,and the execution of this Agreement supersedes all earlier representations,negotiations, or agreements ab out this matter. 6. Interpretation. This Agreement shall be interpreted and construed as if the Parties jointly prepared it, and any uncertainty or ambiguity shall not be interpreted or construed as against any Party as if that Party alone was the drafter. Any ambiguity or uncertainty shall be interpreted and construed in light of the intention of the Parties to fully and finally settle and compromise, any and all liabilities and/or disputes,known or unknown,between the Parties as described herein.Any term defined in this Agreement stated in a singular form shall include the plural form and any defined term stated in a plural form shall include the singular form. Page 3 of 6 7. No Waiver.Nothing in this Agreement shall be construed as a waiver or release by any Party hereto of any right to enforce this Agreement or to recover for breach of this Agreement. The failure of any Party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver thereof or deprive that Party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. 8. Severability.In the event any one or more of the provisions contained in this Agreement shall be determined by a court to be invalid or unenforceable in any respect, such determination shall not affect any other provision,and this Agreement shall be enforced as if such provision did not exist. 9. Consideration. It is understood and agreed that the terms and obligations expressed herein are contractual. 10. Multiple Copies. The Parties agree that this Agreement may be executed in multiple originals and/or on copies, including facsimile and electronic copies,and that those copies, including facsimile and electronic copies,of this Agreement may be used and enforced as if they were originals. 11. Choice of Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of Florida. 12. Successors.It is understood and agreed that this Agreement shall be binding upon and insure to the benefit of the Parties and their respective heirs,representatives, successors,and assigns. Page 4 of 6 13. Representation by Counsel/Attorneys' Fees and Costs. In execution of this Agreement,each party has had the opportunity to consult with its own attorneys or other advisors in connection with the effect of this Agreement and each assumes the risk arising from no further or additional consultation.All attorneys' fees,expenses,and court costs incurred in connection with the Underlying Claim and execution of this Agreement will be paid by the Party incurring the same. 14. Authority to Sign. The individual signing this Agreement on behalf of a Party hereby represents that he or she has the authority to sign this Agreement on behalf of the Party for which said individual is acting,and has the authority to bind the Party to which said individual is acting to the terms and conditions set forth in this Agreement. to Page 5 of 6 AGREED: Clay County Utility Authority By:— --- Name: STATE OF § COUNTY OF § BEFORE ME, the undersigned authority on this day personally appeared ,who proved to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on , 20 . NOTARY PUBLIC Page 6 of 6 �P'( C. NT ClayCountyUtilityAuthorityINVOICE y 3176 Old Jennings Road Invoice Nbr: 21-0018437 Middleburg, FL 32068 Invoice Date: 12/14/2021 �14'r'' AU-N°�\ (904) 272-5999 Customer ID: 401100 Invoice Amt: $8,897.03 Due Date: 01/04/2022 Amt. Remitted: SOUTHEAST UTILITIES OF GA, INC 402 ELLIS ROAD SOUTH JACKSONVILLE, FL 32254 II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIII IIII III *** RETURN UPPER PORTION WITH YOUR PAYMENT *** Description AMOUNT MISCELLANEOUS REPAIR $8,897.03 to COUNTRY CLUB BLVD @ ROUNDABOUT 6-INCH SEWER FORCE MAIN DAMAGED INVOICE TOTAL: $8,897.03 CREDITS APPLIED: $0.00 PAYMENTS APPLIED: $0.00 INVOICE BALANCE: $8,897.03 Remit and make Check Payable to: Clay County Utility Authority 3176 Old Jennings Road Middleburg, FL 32068 Payment must be received by the due date. Invoices may be sent to collections after 90 days and a late fee of$30.00 per month on the past due balance may be imposed. Please note the invoice number on your check. tz �OQG1 \/ ----::' ram' 10 WM on OPGB Q : Namw,\\ 0 �`� -'� ;OUNTRY CLUB BLVD `►r. 6 ----NNN,.— // 6"FM • OPC-8,OPC-11,OPC-i s /! = / • 8" GcD 0:43%on OPC-8 MH#:38 9"G f0•AVM • �,I.V QG.6 MH#:39 ��046 o�OPC-�Op �� MH#:40A 8'(;M@03 c i/Q�Zoloor0 NNN oq OAc C� oQGO 8�on op \ ,); ' , tit 8+CyM�' �` 010 ,, 031 . . \ �Gd tv #:40 �r 0G MH#: 2 1\ PS#46 CIPS M _____-----L--- °►►OPC 8 _ - - to 40 i f ilf‘ A lai o \ -o C) 'a 1CP 11... - 142, „oft°n ppc 8 N 4 Disclaimer:The information displayed on this drawing or sheet is for a general visual representation purposes only.The drawing is based upon numerous sources of public information which include but are not limited to Clay County Property Appraisers,FDOT,SJRWMD,and the Clay County Utility Authority's(CCUA)own records. All information included in the drawing is general in nature and not site specific. Any dimensions or other information is approximate and needs to be field verified. CCUA does not offer any guarantees, certifications, or warranties, either expressed or implied, in regards to the accuracy of the information represented on these drawings.The drawing is not a survey and should not be construed in any manner as such.By receiving this drawing,the recipient is agreeing to hold CCUA harmless for any errors or omissions which may be present in this drawing. All interested parties are strongly encouraged to engage a Professional Surveyor and Mapper licensed in the State of Florida to field verify all site,property,infrastructure,and utility information prior to any decisions or actions. ` it‹ COUN> Title: I� Water Features C 1._ y Clay County Utility Authorityfar Country Club Blvd �� GravitysewerFeatures 3176 Old Jennings Road Middleburg, Florida 32068-3907 Info: 1 Forced Sewer Features S .� Phone(904)272-5999 Prepared by CCUA GIS Portal /�. OQ.% Conservation Commitment Commundy. Bt2inch,7:54:52 AM Awl Reclaimed Features YgUTN 1 inch= 74 feet