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HomeMy WebLinkAboutMUTUAL RELEASE BETWEEN AUD AND VASTECH/PROTECH Mutual Release WHEREAS, the AUgUsta-Richmond County Commission in order to construct and extend a 24-inch water main along Highway 56 (Project No. 10120) (hereinafter referred to as the "Project") invited interested parties to bid on completing the Project; and WHEREAS, Vastec-Protech Joint Venture is a joint venture compromised of Vastec Group, Inc. and Protech Contractors, Inc. (the "Joint Venture"), and WHEREAS, the Joint Venture was awarded the contract to construct the Project and an Agreement for the construction of the Project was entered into by and between AUgUsta, Georgia and the Joint Venture on August 1, 2006 (the "Contract"), a copy of same, as amended, being attached hereto as Exhibit A; and WHEREAS, during the pendency of the Contract and while the Project was being constructed certain disputes arose between the parties regarding performance and payment; and WHEREAS, the parties, during the pendency of the Contract agreed to certain modifications to the contract relating the scope of the Project; and WHEREAS, the parties disputed the amount the contract price should be reduced due to the modifications of the Contract; and WHEREAS, the parties have reached an agreement to resolve their disputes regarding the work to be performed on the Project and the payment for such work and now desire to set said agreement down in writing. NOW, THEREFORE, Vastec Group, Inc., Protect Contractors, Inc., the Joint Venture, and Augusta, Georgia, a political subdivision of the State of Georgia, agree as follows: 1) This mutual release is intended to effect the elimination of any obligations by either party as designated and excepted hereinafter. 2) All Parties recognize and agree that by execution of this mutual release, they are relinquishing their respective legal rights with reference to the herein mentioned disputes and differences, claims, demands, damages, actions or causes of action, and all parties agree that in consideration of the execution of this mutual release, and the payment of Two Hundred Forty Thousand and no/lOO ($240,000.00) Dollars by Augusta, Georgia to Vastec Protech Joint Venture and Selective Insurance, receipt of which is hereby acknowledged, each party expressly releases the other party from all liability for claims and/or demands which may arise from or out of any breach, violation or as a result of the Contract, except as designated hereafter, including but not limited to all claims and obligations for payment, compliance with any and all contract terms, or liquidated damages. 3) All parties recognize and intend that all contractual warranty obligations provided for under the Contract are excluded from this mutual release, and shall continue in full force and effect. 4) That the undersigned parties hereby declare that this mutual release contains the entire understanding between the parties, and that the terms hereof have been completely read and are fully understood and voluntarily accepted for the purpose of making a full and final compromise, adjustment and settlement of any and all claims,. disputed or otherwise, on account of any damages above mentioned and for the express purpose of precluding forever any further or additional claims arising out of the aforesaid transaction or event. 111 Signed and sealed at Augusta, Georgia this _ day of Deeem-13GI, 2:807'. ,:'-,' - i AUGUSTA, GEORGIA ({2~?{ V By: Its: ~JIt-.{ P/- ~ ,..~ ~' I' ~" ~). .t';!)o09....~~i!o'>:- .__iV" Ii),. c,..',....],..'\t"..;;f" Signed and Sea'eClJ'Th;t~presence of: ,",~I~ ~.~L{1 ,,,.) /J; u?j. WItness STATE OF GEORGIA ,J RICHMOND COUNTY 1s1\ ~~~1f0 Personally appeared before me, this /~..tV day of c , , !JAV/IJ S. CDP!iJJflitVe'/b, to me known to be the person who executed this instrument, and acknowledged the same to be a free act and deed; and I certify that before the execution thereof it was read over and fully explained to the same person by me, and he declared before execution thereof that he fully understood it. N~~~ta~~6'i~ Notary Public, Columbia County, Georgia My Commission Expires July 27, 2010 [signatures continued on following page] By: Its: Attest: Its: Si~~ S~presence of: Witness STATE OF GEORGIA RICHMOND COUNTY J-- Persona\ll ~~eared before me, this -i ~ day of December, 2007, WQ~ /'tc{ YT'1-1't..-( r , to me known to be the person who executed this instrument, and acknowledged the same to be a free act and deed; and I certify that before the execution~1?l~~ead over and fully explain e same person by me, and he declared before ~~;mrtn6 at he fully understood i ;~ ..;).1. {-1l ~OTAR"\'\ \ 'i _0- i ~ ~~\ PUBL\C...I~: ~I. ~ ..~ t)..... C!1, ~....lt_..~ A. '/;o.~,' . -",_ .~'.ov. 20...... ,; -, ''''0 ........ ~'''' '" No cou .-... "''''~"'':'I>'''~ Attest: Its: VAs~up,rnc. .. By: .~~ Its: ~ S~,~~esence of: Witness :: / ' , -' "" '/ STATE OF GEORGIA RICHMOND COUNTY --r- Persov~lly (tfPl]e~ed before me, this ~day of December, 2007, '-.jp~ ~e.Ad, , to me known to be the person who executed this instrument; and acknowledged the same to be a free act and deed; and I certify that before the execution thereof it was read over and fully explained to the erson by me, and he declar~~{cution thereof that he fully understood it. ..:"';'~~..;....PI\I~ ". T !r'.'/ ..... ~.~ · "I. l · ,...\ ~ "f -0- : ~ i!~~ PUSL\C i ~ ~~\~ ...1 <<:f, \ ~ .~ t)..... C!1... .,~ ~"!~r.!~.:..~~~ ,_~I\to cou~_-- """",,, . . Attest: Its: PROTECH CONTRACTORS, INC. ~;::? __ ..:----:-7 ,/" ~~ ~ ~ STATE OF GEORGIA RICHMOND COUNTY 5tl. Personally appeared before me, this - day of December, 2007, /}nrht:./ltt Caj)M'i.I'&//t:K- , to me known to be the person who executed this instrument, and acknowledged the same to be a free act and deed; and I certify that before the execution thereof it was read over and fully explained to the same person by me, and he declared before execution thereoflhat he fullY:= ~ -" Notary Public, State of Georgia \\\\\\\1111/111/1' ,'\\\\~R\CIA 1../111// ".{'1\>'- \\\\\1111111111./7(; //,/ .! '( """"~ 0 T .1';;-",:( <S> 0::;. .:::- ::,....' '" l /'~ A'\. ~ .:::- ~ E: .--~\"- :g t GFXP/Rt:s \ ~ ~ ~ JUNE~HG/A. ~ ~ .' <, .2, .200 " .:::- _ ~A 8,,_ ~Oo'--".,.UL>LIC ,/' ;; '/ ,1..(\ III,U. I'" '" /'l/ <:rS 111i'Ulllll~\\~ ,,~ /// COUN \ ~ \" III \\\\ Illill/!III\\\\\\ Mutual Release WHEREAS, the Augusta-Richmond County Commission in order to construct and extend a 24-inch water main along Highway 56 (Project No. 10120) (hereinafter referred to as the "Project") invited interested parties to bid on completing the Project; and WHEREAS, Vastec-Protech Joint Venture is a joint venture compromised of Vastec Group, Inc. and Protech Contractors, Inc. (the "Joint Venture"), and WHEREAS, the Joint Venture was awarded the contract to construct the Project and an Agreement for the construction of the Project was entered into by and between AUgUsta, Georgia and the Joint Venture on AUgUst 1, 2006 (the "Contract"), a copy of same, as amended, being attached hereto as Exhibit A; and WHEREAS, during the pendency of the Contract and while the Project was being constructed certain disputes arose between the parties regarding performance and payment; and WHEREAS, the parties, during the pendency of the Contract agreed to certain modifications to the contract relating the scope of the Project; and WHEREAS, the parties disputed the amount the contract price should be reduced due to the modifications of the Contract; and WHEREAS, the parties have reached an agreement to resolve their disputes regarding the work to be performed on the Project and the payment for such work and now desire to set said agreement down in writing. NOW, THEREFORE, Vastec Group, Inc., Protect Contractors, Inc., the Joint Venture, and Augusta, Georgia, a political subdivision of the State of Georgia, agree as follows: 1) This mutual release is intended to effect the elimination of any obligations by either party as designated and excepted hereinafter. 2) All Parties recognize and agree that by execution of this mutual release, they are relinquishing their respective legal rights with reference to the herein mentioned disputes and differences, claims, demands, damages, actions or causes of action, and all parties agree that in consideration of the execution of this mutual release, and the payment of Two Hundred Forty Thousand and no/1 00 ($240,000.00) Dollars by Augusta, Georgia to Vastec Protech Joint Venture and Selective Insurance, receipt of which is hereby acknowledged, each party expressly releases the other party from all liability for claims and/or demands which may arise from or out of any breach, violation or as a result of the Contract, except as designated hereafter, including but not limited to all claims and obligations for payment, compliance with any and all contract terms, or liquidated damages. 3) All parties recognize and intend that all contractual warranty obligations provided for under the Contract are excluded from this mutual release, and shall continue in full force and effect. 4) That the undersigned parties hereby declare that this mutual release contains the entire understanding between the parties, and that the terms hereof have been completely read and are fully understood and voluntarily accepted for the purpose of making a full and final compromise, adjustment and settlement of any and all claims, disputed or otherwise, on account of any damages above mentioned and for the express purpose of precluding forever any further or additional claims arising out of the aforesaid transaction or event. 111 Signed and sealed at Augusta, Georgia this _ day of DeeembGI, :067. ~ "'f.., i AUGUSTA, GEORGIA ({2~?{ V By: Its: ~JIt--{ PI- , ~A 0" y_~, ~tlQ.... 'V:~v.t,;~ ..;,;:' Ii),. C'" "T'" 4.,.. Signed and Sea'eClJ~&presence of: -:,~ ~ -< L::(. Witness 7 k2 lJ; u'?j STATE OF GEORGIA RICHMOND COUNTY a Personally appeared before me, this /~..tV day of ~~~1ft: !JAV/D s. CDp!iJJflitVe'/b, to me known to be the person who executed this instrument, and acknowledged the same to be a free act and deed; and I certify that before the execution thereof it was read over and fully explained to the same person by me, and he declared before execution thereof that he fully understood it. ~]tJ~ A/ 7n6J1~. Notary PuhU6, State of Georgia Notary Public, Columbi:3 County, Georgia My Commission Expires July 27, 2010 [signatures continued on following page] V A.~TECH JOINT VENTURE ~~i~ Attest: Its: Si~~S~presence of: Witness STATE OF GEORGIA RICHMOND COUNTY J-- PersonaVl ~~eared before me, this -i ~ day of December, 2007, WQ~ /'tc{ YTl-r't..-f r , to me known to be the person who executed this instrument, and acknowledged the same to be a free act and deed; and I certify that before the execution~1?l~~ead over and fully explain e same person by me, and he declared before e<<~6rrtn.6~ at he fully understood i ; !r' ,.. ... ;). I. {'Sl~OTAR"""'\\ 'i _0- i ~ ~~\ PUBL\C l~: ~I. ~ ..~ t)"'~ C!1, ~....lt_ ..~ N ,/;.0 ~,' ._-~ ~ ov. 2<1... ~ ,; ',,~Noco\)!.-...:' "'''''"'':'I>'''~ Attest: Its: VAs~rnc. .. By: .~~ Its: ~ Si::JJ-:!.,~esence of: Witness - -:: / ' , ;I .,.: STATE OF GEORGIA RICHMOND COUNTY Persov~lly (tfPP'e,~ed before me, this ~day of December, 2007, $~ ~ild, , to me known to be the person who executed this instrument; and acknowledged the same to be a free act and deed; and I certify that before the execution thereof it was read over and fully explained to the erson by me, and he declar~~~ution thereof that he fully understood it. ..:"';'~~..;'....~I\I~ _. T !r'.'/ ... ~ .~" . "I': l · ,...\ ~ ~ f -0- · ~ ,,~~ PUSL\C 1 ~ ~~\~ ...1 '<:f,p \ ~ .~ t)..... C!1.. ..~ ~,,!~:.:.~~:..~~~..f' ,,,~.4ID co\)~_-- ,"-"",...." . . Attest: Its: ~ ~ STATE OF GEORGIA RICHMOND COUNTY 51i Personally appeared before me, this _- day of December, 2007, f};>1-hn/l1 Ca~/)"al'&I/t'k.- , to me known to be the person who executed thIS instrument, and acknowledged the same to be a free act and deed; and I certify that before the execution thereof it was read over and fully explained to the same person by me, and he declared before execution thereof that he fully understood it. c. / \\\,'.\\ 11111/ 1'1//, ,,\\\\\S.ICIA J..////// "l!)\>' \\\\1\\11111/11 f 7(; /'i $' " "",~, 0 T """" '( -;'. ~ / \" <1 /.) "" <JI .~ '2 / EO <r/-\ 0' ~ ::: '0 Gl )(P/Rc- " ..( =: - = '. C:S - - ~ ~ JUN~ORG1A ~ ~ =:" 1,2 <0 = ::: ~ ':;. A '08 f ::: ~ 0 '>"",08 C "",,~ ~ " 0.<'\ '" LI -' ", ':- /'i// <..rS Ilflllllll!lI~\\\\\\\ ,,':::::- III COU \" /1/ \\\\ /1/11//1111\\\\'\