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<br />release, remise, acquit, satisfy and forever discharge the City and its affiliates,
<br />subsidiaries, related entities, officers, directors, members, managers, successors, and
<br />assigns (the "Released Party") of and from any and all manner of all claims, suits, debts,
<br />sums of money, accounts, contracts, controversies, agreements, promises, damages,
<br />demands and causes of actions arising or claimed as arising between the Releasing
<br />Party and Released Party with respect to the fabrication and installation of the walkway
<br />awning at Pelican Community Park in the City of Sunny Isles Beach, Florida (the
<br />"Project"), from the beginning of time to the day of these presents.
<br />
<br />5. Notwithstanding any language to the contrary in this Settlement and
<br />Mutual General Release, the City shall not release or waive any rights related to the
<br />Contractor or its insurer, surety and all related bonds, and any and all contractual and
<br />common law warranties, guarantees, indemnities, contributions, defense obligations, and
<br />hold hannless obligations related to all work performed and/or to be performed and/or
<br />latent defects and/or personal injury arising out of or related to the Project and/or
<br />associated with the City and/or any of its suppliers, materialmen, subcontractors, surety
<br />and insurer. Furthermore, the City shall be entitled to continue to receive the benefits of
<br />all other post completion obligations that the Contractor and its sureties, insurer,
<br />subcontractors, suppliers, and materialmen are obligated to extend to the City for
<br />whatever reason and upon any and all legal or equitable grounds with respect to the
<br />Project, including without limitation, completion and turn over of as-built drawings,
<br />project manuals and warranty certificates from suppliers, materialmen and
<br />subcontractors.
<br />
<br />
<br />l.
<br />
<br />ST ATE OF FLORIDA )
<br />) SS:
<br />COUNTY OF MIAMI-DADE )
<br />
<br />I HEREBY CERTIFY that on this day, before me, an officer duly authorized to
<br />administer ?rths and take acknowledgments, personally appeared,
<br />('cre-e.~O t"l).\~\~'1Y"Vho took an oath and who produced drLlic~e
<br />number as identification, or whoe^ersonally
<br />~ to me and known to be the person described in and executed the foregoing/
<br />instrument, and who acknowledged that he did the same as his free act and deed.
<br />
<br />C1011-074 SElTLEMENT AND MUTUAL GENERAL REL.EASE
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<br />Page 2 orJ
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