|
withdraws its ohjections to the Purchaser's proposed taking and /or acquisition of the Property
<br />and the appraised value of the Property. The Unit Owner disclaims all rights it has under Florida
<br />L>aw with regard to the condemnation of" the Property, and agrees that the power of sale of the
<br />Property is vested in Plaza of the Americas Club, Inc.
<br />4. Mutual Release of the Parties. In consideration of promises, representations and
<br />agreements set forth herein, the receipt and sufficiency of which is hereby acknowledged, except
<br />as to the obligations set forth in this Agreement, the parties hereto do hereby mutually frilly
<br />remise, release, acquit, satisfy, and forever discharge the other party, of and from any and all
<br />rights, claims, disputes, demands, damages, injuries, causes of action, liabilities, judgments,
<br />debts, dues, sums of money, accounts, executions, actions, promises, suits at law or in equity of
<br />any kind whatsoever which each party ever had, now has, hereafter can, shall or may have,
<br />against the other party, for, upon or by reason, of any matter, cause or thing whatsoever, whether
<br />known or unknown, from the beginning of the world to the day of these presents (collectively,
<br />"Claims "), whether due or not, direct or indirect, mature or contingent, liquidated or
<br />unliquidated, known or unknown, patent or latent, matured or unmatured, and regardless of the
<br />nature of the injury which either party ever had or now have, or which either party or any heir,
<br />successor or assign of either party or any of them hereafter can, shall or may have against the
<br />other party, including, but not limited to all Claims in any way related to or arising out of the
<br />acquisition of the property.
<br />5. Agreement Compromises Disputed Claims. This Agreement is made and entered
<br />by the parties as a compromise of claims between them. Neither this Agreement, nor any
<br />document, pleading or paper prepared and signed pursuant to the provisions of the Agreement
<br />shall constitute or be construed or asserted as an admission of liability on the part of any party.
<br />Neither this Agreement nor anything stated herein shall be deemed to be an admission or
<br />suggestion that the City was required to compensate the Unit Owner. Further, neither this
<br />Agreement, the negotiations or discussions resulting in or connected with this Agreement, nor
<br />anything stated herein or therein shall be admissible in any court of law or equity or before any
<br />administrative body for the purpose of' establishing or supporting a claim for any such right or
<br />claim of cancellation.
<br />b. Miscellaneous.
<br />(a) This Agreement shall be construed and governed in accordance with laws
<br />of the State of Florida and in the event of any litigation hereunder, the venue for any such
<br />litigation, shall be in Miami -Dade County. All of the parties to this Agreement have participated
<br />frilly in the negotiation and preparation hereof and, accordingly, this Agreement shall not be
<br />more strictly construed against any one of the parties hereto.
<br />(b) In the event any provision of this Agreement is determined by appropriate
<br />judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal
<br />meaning or reconstrued as such authority determines, and the remainder of this Agreement shall
<br />be construed to be in full force and effect.
<br />2
<br />
|