HomeMy WebLinkAboutExhibit 1SETTLEMENT AND RELEASE AGREEMENT
WHEREAS, Leo A Daly Company ("Daly") and Timothy Haahs & Associates, Inc.
("Haahs") designed four parking garages located at Marlins Stadium in Miami, Florida
("Garages") for the City of Miami, Florida ("City"), (collectively, Daly, Haahs and the City may be
referred to as "Parties"); and
WHEREAS, City has asserted claims against Haahs and Daly concerning the design of
the Garages; and
WHEREAS, Haahs, Daly and City have amicably resolved the claims which the City may
now have relative to the Garages, but only as provided herein.
NOW THEREFORE, in consideration of the total sum of $628,129.32 and other good
and valuable consideration, the receipt and sufficiency of which the City hereby acknowledges,
the City, does hereby release, remise, discharge, and acquit the other Parties, including all
officers, directors, representatives, employees, professionals, affiliates, predecessors,
successors, insurers, agents, consultants, subconsultants, and assigns of and from any and all
claims, demands or causes of action which the City ever had, or now has, against the other
Parties arising out of or related to claims involving defects in the interface between the elevated
slabs and the columns on all four garages and corrected through Architectural Supplemental
Instructions 031, Structural Repair Detail, dated 11/21/12 ("Released claim").
It is understood that this Settlement and Release Agreement represents a complete and
full compromise of all claims which exist as to the Released claim only, and that nothing in this
Agreement is or shall be construed as an admission of liability by any Party hereto.
It is expressly stated herein that Haahs, Daly and City have had the benefit of their
respective attorneys and that Haahs, Daly and City fully understand the terms of this Agreement
and that, by signing below, Haahs. Daly and City are making a full and final settlement in
resolution only of the Released claim as it now exists against persons, parties, municipalities,
corporations and insurance companies hereby released in connection with this Agreement and
more specifically described above.
This Agreement constitutes the entire agreement among the Parties regarding the
subject matter hereof and may not be amended or modified except in writing signed by each of
the Parties. In the event any of the Parties files any litigation or claim with respect to the subject
of this Agreement, the prevailing party shall be entitled to recover all costs incurred as a result
thereof, including reasonable attorney's fees.
This Agreement is a joint product of the respective Parties and may not be more strictly
construed against any Party. The Parties acknowledge, agree and stipulate that all of the above
terms and conditions have been freely bargained for, and each Party is foregoing certain rights
and assuming duties and obligations which but for this Agreement, would not have been
released or assumed. Accordingly, the Parties agree that this Agreement is fully and adequately
supported by reasonable and adequate consideration and that the Parties have had opportunity
to consult with and have in fact consulted experts of their choice as they may have desired, and
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74K C3.17
that they have had the opportunity to discuss this matter and the matters which are the subject
hereof, with counsel of their choice.
IN WITNESS WHEREOF, the Parties by their duly authorized representative have
executed and sealed this Settlement and Release Agreement entered into this day of
, 2013.
Each signatory hereto represents that he/she is authorized by the entity on behalf of
which he/she is acting to enter into the agreements and covenants contained herein and to bind
the entity which each represents.
CITY OF MIAMI, a Florida municipal
ATTEST: corporation
By: By:
Todd B. Hannon, City Clerk Johnny Martinez, City Manager
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
By: By:
Julie O. Bru, City Attorney Calvin Ellis, Risk Management Director
LEO A DALY COMPANY ATTEST:
By: By:
Its: Its:
Date: Date:
TIMOTHY HAAHS & ASSOCIATES, INC. ATTEST:
By: By:
Its: Its:
Date: Date:
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