New Search
SETTLEMENT AGREEMENT <br /> AND FULL AND FINAL RELEASE OF ALL CLAIMS <br /> BETWEEN: Henderson Land Services LLC, ("Henderson") <br /> AND: The City of Eugene, ("City") <br /> EFFECTIVE <br /> DATE: The date of the Last signature of the signing parties. <br /> RECITALS <br /> A. Henderson and the City entered into the Delta Ponds Vegetation Enhancement Contract, <br /> Job #4243 (Contract). ~Ienderson and the City are unable to come to agreement <br /> regarding Henderson's performance under the Contract. <br /> B. The parties to this agreement wish to settle this contract dispute and therefore enter into <br /> this settlement agreement ("Agreement"). <br /> AGREEMENT <br /> NOW, THEREFORE, in consideration of the covenants and promises set forth below and <br /> the recitals set forth above, which are hereby incorporated by reference, the parties agree as <br /> follows: <br /> 1) Henderson hereby releases City and all current and former agents, officers and <br /> employees, and insurers of City, and its successors and assigns, from all actions, <br /> claims and demands whatsoever that may now exist, or may hereafter accrue, <br /> arising out of, or related to the Delta Ponds Vegetation Enhancement Contract, <br /> Job #4243 (Contract): <br /> 2) City hereby releases Henderson from any further performance under the Contract. <br /> Henderson may retain any monies already paid to Henderson by City under the <br /> Contract, including the Eleven Thousand, One Hundred and Two Dollars and <br /> Twelve Cents ($11,102.12) paid by City for Phase V planting work not yet <br /> completed. City will retain the five percent (5%) retainage fee. <br /> 3) The undersigned parties warrant that no promise or inducement has been offered <br /> except as herein set forth; that this Agreement is executed"without reliance upon <br /> ariy statement or representation by the persons or entities released, or their <br /> representatives, concerning the nature and the extent of any damages or the legal <br /> liability therefor; that each of the undersigned is of legal age, legally competent <br /> and authorized to execute this Agreement and accept full responsibility therefor. <br /> Page 1 - SETTLEMENT AGREEMENT AND FULL AND FINAL RELEASE OF ALL <br /> <br /> " CLAIMS <br /> <br />