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z CITY OF SUNNY ISLES BEACH
<br />1,'••.,• .,'.•• WAIVER AND RELEASE AGREEMENT
<br />Contractor: Luke's Landscaping, Inc. d/b/a Lukes-Sawgrass Landscape, Inc.
<br />Released party: City of Sunny Isles Beach
<br />18070 Collins Avenue, Sunny Isles Beach, FL 33160
<br />Luke's Landscaping, Inc. d/b /a Lukes - Sawgrass Landscape, Inc. the above referenced contractor,
<br />("Contractor") on this �0day of EEatuAAW . 2014, in consideration of payment
<br />of $150,000.00 (One Hundred Fifty Thousand ollars) does hereby, and for its officers, directors,
<br />heirs, executors, administrators, representatives, successors and assigns, agree to waive, release
<br />and forever discharge the City of Sunny Isles Beach ( "City" or "Released party'j, including its
<br />elected and appointed officials, agents, officers and employees, of and from any and all claims,
<br />actions, causes of action, demands, rights, damages, costs, wponses and compensation
<br />whatsoever, which the Contractor now has or which may hereafter accrue on account of or in
<br />any way growing out of any and all known and unknown, disputed or undisputed, payment
<br />obligations and the consequences thereof in connection with the disputed landscape maintenance
<br />service invoices sent to the City by Contractor in 2009 and 2010, and all amendments and
<br />addenda thereto.
<br />It is understood and agreed that this, Waiver and Release Agreement is the compromise of a
<br />doubtful and disputed claim, and that this agreement is not to be construed as an admission of
<br />liability on the part of the City with respect to the disputed landscape maintenance service
<br />invoices sent to the City by Contractor in 2009 and 2010, and all amendments and addenda
<br />thereto, and that the City denies liability with respect to the alleged past due payment amounts
<br />and intends merely to avoid future debt collection efforts and/or litigation. The undersigned on
<br />behalf of Contractor further declares and represents that no promise, inducement or agreement not
<br />herein expressed has been made to the undersigned, and that this Waiver and Release Agreement
<br />contains the entire agreement between the parties hereto, and that the terms contained herein are
<br />contractual and not a mere recital.
<br />as to form and legal
<br />Lake's Landscaping, Inc. d/b/a Lukes-
<br />Sawgrass Landscape, Inc.
<br />0
<br />Tim O'Keefe, President
<br />City of Sunny Isles Beach
<br />By:
<br />Attorney Christoph . so, City Manager
<br />Exhibit "A"
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