Res 1158-58 RE~0LUTION NO, 1158
A RESOLUTION AMENDING RESOLUTION NO,
11~ AUTHORIZING MAYO~ AND ~ITY
S~ER~ TO EXECUTE AND DELIVER GENERAL
RELEASE~ INDEMNITY A~REEMENT AND
ASSIGNMENT TO P~LF~S INSURANCE
COMPANY UPON PAYMENT
BE IT ~OLVED BY THE CITY COUNCIL OF THE CITY
0F DELRAY BEACH, FLORIDA:
le That Resolution No. 11~, adopted October
27, 1958 be a~ the smae is supplemented and amended by
authori~zing and empowering the Mayor and City Clerk to
exeeute and deliver to Peerless Insurance Company the Gen-
eral Release, Indemnity Agreement amd Assignment in the
forum attached and approved by the City Attorney upon pay-
ment to the City of the agreed settlement of $7,500.00.
Ze That except as herein supplemented, said
Resolution No. 1154 enacted October ZT, 1958, shall remain
in full force and effeete
PASSE~ AND ADOPTED in Regulam Session this 2/$th
day of November, 1958e
ATTEST:
G~N~P. AL RELEASE, XNDEMNITY AGR~MENT AND
KNOW ALL MBN BY THES~ PRBSENTS,
I
This general release, indemnity agreement and assign
ment is entered into on the ~q~ day of Novem~r, 1958, by
and be~en the City of ~lray Beach, Plorida, a m~icipal
corotar{on of the State of ~lorida, hereinafter ~eferre~ to as
"~ity," and Pee<less Instance Gompany, of Keene, Ne~ Hampshire,
hereinafter referred to as "Bonding Comply."
II
That the City contracted with Seminole ,~nstruction
C~pany, Inc., a Florida cor~ration, hereinafter referred to as
the "~ntractor," for the sum of BIO~BBN ~USA~ FO~ ~P~
SIX ~L~RS and NIN.~Y-FIVB CB~S ($18,406.95), on the 16 day of
June, 1958, fo~ the construction of Section "D" of the Storm
~ainnge System of ~d for the ~ity; that the Bonding Company
{ssued a bond, Number 231426. Said bond was incor~rated into
the contract entered into between the C[ty and the Contractor,
the City being t~e Obligee under the ~nd, the ~ontracto~ as
Pr{ncipal, and the Bonding Company as Obligor.
III
That the Contractor is ia default in his contract and
the City has yet to pay to the Contractor any ~rtion of the
contract price and there are certain materialmen and other claims
outstanding against the Contractor as the result of his default.
IV
That the C{ty has made demand u~n the Bonding Com~ny,
~der the bond above referred to, to ~y such claims made by the
City and by the different claim holders against the Contractor
as covered by the bond above mentioned.
V
That there is a genuine dispute ~tween the C{ty and
the ~ng ~mp~y as to the liab{lity of the Bonding ~mpany
~def that certa{n a~ve ~ntiomed bond and that the~e Es a
LAW OFFICES OF CHARLES C. PAPY. JR.. 308 INDUSTRIAL NATIONAL BANK BUILDING. MIAMI. FLORIDA
further dispute as to the amount that the Bonding Company
should be liable for under the bond to the City and any other
known or unknown creditors or claimants which have, or may make,
claims under said bond.
.'/Ott, TH~.;~.REFORt, it has been mutually agreed by and
between the City and the Bondin~ Company to settle all of their
disputes which the City now has or may have in the futttre against
the Bonding Company as a result of the issuance of said bond and
to settle all other claims that may be brought by anyone claiming
under the bond given to the City regardless of the nature of the
claim or the amount of the claim.
POk AND IN CONSIDERATION OF THE
T'-r~JUSAND ilil~ HUNDP, ED ($7,500.00) ~9OLLARS lawful money of the
United States of tmerica in hand paid this day by the 8onding
Company on its behalf and on behalf of the Contractor, the receipt
of which is hereby acknowledged~ the City hereby covenants with
the Bondin~ Company ss follows:
1. The City, on its own behalf and on behalf of its
successors and assigns, hereby forever releases, discharges and
covenants to hold harmless the Bonding Company, its successors
or assigns, for any claims which the City now has or may have in
the future or any claims brought by anyone claimin$ under that
certain bond asainst the Bonding Company, its successors or
assigns.
2. The City further agrees and covenants to pay all
claims brought by whomsoever against the Bonding Company, its
successors or assigns, and/or C~ontractor, its successors
assigns, as the result o£ any work done by the Contractor or
assumed by the Contractor in that certain contract above
mentioned between the City and the Contractor.
3. The City further covenants to pay, indemnify, and/or
defend any law suit or claim of any nature ~hatsoever brot~ht
s~ainst the Bondin~ Company, its successors or assigns, which
have or may arise as the result of any occurrence of any nature,
or materialmen claims, or labor claims brought against the Bonding
LAW OFFICES OF CHARLES C. PAPY. JR.. 308 INDUSTRIAL NATIONAL BANK BUILDING. MIAMI. FLORIDA
Company, its successors or assigns, as a result of work done,
work contracted to be done in connection with that certain con-
tract above Mentioned between the City and the Contractor.
4. The City further covenants to pay the cost,
including attorneyes fees, or to provide the defense to the
Bonding Company, its successors or assigns, concerning any
litigation filed by anyone against the Bonding Company, its
successors or assigns, claiming damages of any natttre as the
result of that certain contract or ~ork done pursuant to that
certain contract above mentioned between the City and the
Contractor.
5. The City further assigns to the Bonding Company
all of its tights and causes of action against the Contractor up
to and including the sum of ~EVEN THOUSAhq) FIVE HtF~DRED ($7,500.00)
DOLLARS. The City further represents to the Bonding Company and
to Ail men that the Contractor, by his defalcation, has incurred
costs to the City in the amount of 5~BN THOUSAND PIVB HUNDR.2D
($?,500.00) ~'xBLL~R;: because the City, as a result of defalcation
of the Contractor, had to pay certain materialmen who supplied
material for the job and has further incurred the cost of
negotiating a contract with another contractor at a hi&her price
than that contract originally entered into between the City and
the Contractor for the construction of the work contracted for
by the Contractor with the City and that certain contract upon
which the Bond, which is the subject matter of this release,
indemnity agreeaent and assignment, was given by the Bonding
Company. The City further assigns, on its own behalf and on
behalf of its successors and assigns, the total claim of
THOUSAND FIVB HI/NDRBD ($7,$00.00) 9OLLAR~,which it now has
against the Contractor, to the Bonding Company, its successors
and assigns.
5. The City and Bondin~ Company respectfully repFe-
~ent to All men that the contents of this a~feement, numbertn~
four pa~es, represen$$ the complete a~reement entered ~nto
-3-
LAW OFFICES OF CHARLES C. PAPY, JR., 308 INDUSTRIAL NATIONAL BANK BUILDING, MIAMI, FLORIDA
between the City and the Boadtag Company and tbst there were and
are no other agreements between the City and the Bonding Company,
except as expressed directly here in this agreement and that there
have been no oral promises made by the Bonding Company to the City,
or by the City to the Bonding Company, except as expressed here in
this Agreement.
City ~, '~ity ~lz /. each,
Florida
STATE OF FLORI~)A
: SS
COUNTY OF Palm Beach :
BHFORE
to me known to be the ,~tayor of the City of 3eLray Beach, Florida,
and who executed the foregoing, and acknowledged that he executed
the same as his free act and deed.
IN WITNESS }~tBR~OF I have hero.to set my hand and af-
fixed my seal this 24~h day of November~ 1958.
2t. ,
i' ....
~°iary Pi61ic, Stat~ o~FlOfida at large
M~ Commission Expires May ,1960
~ATE OF FLORZ~:
~Y OF~
BBFOR~i MR this day personally appeared ..iL...~. WOHTHING _.
to me known to be the City ~ of the City of Delray Beach,
Florida, and who executed the foregoing, and acknowledged that he
e~ec~ted the same as his free act and deed.
IN ~ITNBSS ~F I have hereunto set my hand and af-
fixed my seal this 24th day of November, 195~.
~ commission expires.- Large
LAW OFFICES OF CHARLES C. PAPY, JR., 308 INDUSTRIAL NATIONAL BANK BUILDING, MIAMI, FLORIDA