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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.