64-TTRESOLUTION NO. 64- TT
WHEREAS, the CITY OF BOYNTON BEACH, FLORIDA,
has heretofore instituted litigation against GULF STATES DREDGING
COMPANY, as a result of certain damage to property owned by the City
camped by said Defendant's dredging operations in the vicinity of S.E. i5th
Avenue, on or about April 13, 1963, which said litigation is presently
pending in the Circuit Court of the 15th Judicial Circuit in and for Palm
Beach Counly, Florida, At Law, under Case No. 63-L i227-C; and
WHEREAS, said dispute has been amicably settled by the
payment of $4, 000. 00 cash by lhe said GULF STATES DREDGING COMPANY
to the CITY OF BOYNTON BEACH, FLORIDA; and
. WHEREAS, in connection with the settlement of this matter
it is necessary that certain releases and other documents be executed by and
on behalf of the City;
NOW, THEREFORE, be ii resolved by the City Council of the
CITY OF BOYNTON BEACH, FLORIDA, that J. ALLISON BANKS, Mayor
of the said City of Boynton Beach, Florida, or in his absence, JAMES J.
MAHONEY, Vice Mayor of said City, be and they are hereby authorized to
execute a general release and any other instruments or documents required
or necessary to legally effectuate setllement of the above-captioned litigation
in accordance with the terms hereinabove set forth.
PASSED AND ADOPTED this :~'~ day of ~Y~f~.~;~ , A.D.
1964.
(CORPORATE ~EAL)
ATTEST:__~&~-r/~<_~/'%? ,L--
City Cle.~
CITY OF BOYNTON BEACH, FLORIDA
By
Councilman
( enera[
Be[ease
Know All lilen Ii§ ~bese ~Iresen~s, fha, T~.
CITY OF BOYNTON BEACH,
a Florida corporation,
for ~ in consideration of :he mm of FOUR THOUSAND AND NO/100
lawful money of the United States of America, to 'it in hand paid by
($4, 000.00) DOLL,
GULF STATES DREDGING COMPANY,
a Florida corporation,
has remised, released, and [orever disch~#~l, and by these presents does for
a s signs. · it s elf
and its successors and / heirs, executoes and administrators, remlse, release, acquit, satisfy and
discharge the said
GULF STATES DREDGING COMPANY,
a Florida corporation, its
successors and assigns,
/heirs. executors and administrators, of and from all, and all manner o! action and actions, cam,, and
causes o! action, suit, debts, duet, sums o! ma~, accounts, reckonings, bond~, b~ll~, tpeciahiet, covenants,
contracts, controversies, agr,'ements, promi~, v~riance.~, tresp~a~, d~,,mge~, ~dgm,nts, execution, claims
and d,'mands whatsoever, in law or in equity, which against it, it
successors and assigns, ever had, now
has or which its / heirs, emutort or administrators, hereafter can, shall or may have:
/or, upon or by reason o! any matter, caul, ar thing whatsoever. !rom the beltinning o! th,, world to th~
day o! the date o! these pres~nt~. PER THE ADDENDUM ATTACHED.
of Boynton Beach, Florida, has caused
~. 1~limes~ !11hereof' The c~t~/,,~-~..,.,o..,, its hand
to be hereunto affixed and
seal / ,h,, .~ ~ '~ day of October . in th. y... of ou. Lord o.,. 'ho.sand
,,in,, hundr,~l and s ixty-four.
~'t§nek ~ealrb an~ ~]eltvereb tn nm'
(SEAL)
SEAL )
ADDENDUM
MORE PARTICULARLY, BUT NOT IN LIMITATION OF THE FOREGOING,
for any and all damage arising by reason of the alleged breakage of a water
main owned and operated by the City of Boynton Beach, Florida, caused by
dredging operations being carried on by the Dredge "Chickasaw" on or abt~ut
April 13, 1963 in the waters of the intracoastal waterway, all of which is nn~re
particularly set forth in that law suit filed in the Circuit Court of the Fifteenth
Judicial Circuit of Florida, in and For Palm Beach County, Florida, At Law,
Case No. 63L 1227-C, wherein the City of Boynton Beach, a Florida corpora-
tick. n, is Plaintiff, and Gulf States Dredging Company, a Florida corporation,
Defendant; and any and all claims presented therein, or which may, ct~uld ~>r
sl~,~.~uld have been presented in said suit are hereby specifically released.