MUTUAL RELEASE
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MUTUAL RELEASE
FOR AND IN CONSIDERATION of the payment to ALLAN 1. STOWELL, at this time
of the total sum of Fifty-Two Thousand Ninety-Four and 001100 Dollars ($52,094.00), the receipt
of which is hereby acknowledged, the undersigned, ALLAN J. STOWELL, does hereby release,
acquit, and forever discharge THE CITY OF CLEARWATER, FLORIDA, a municipal
corporation, its officers, servants, agents, employees, heirs, successors, and assigns (hereinafter
collectively called Releasees), of and from any and all actions, causes of action, claims, demands,
damages, costs, loss of services, expense and compensation on account or in any way growing
out of any matter or thing from the beginning of time down to the date of these presence, and
more particularly of and from any and all actions, causes of action, claims, demands damages,
costs, loss of services, expense and compensation on account or in any way growing out of the
location, maintenance, or repair of the portion of the East Plant South Interceptor sewer line by
the City of Clearwater, which crosses property owned by ALLAN 1. STOWELL, known as Lots
10, 11, and 12, William Brown's Subdivision of Bayview, Florida. This Release includes any
and all claims, actions, causes of action, demands, damages, costs, loss of services, expense and
compensation on account of any actions taken by the Releasees prior to the date of this Mutual
Release to complete the City of Clearwater's obligations under the Settlement Stipulation dated
March 26, 1992, between Stowell and the City of Clearwater. This Release does not include any
claims that Stowell may have regarding the waiver of sewer impact fees arising from those
certain easements granted by Karl Ford and Gladys C. Ford dated March 4, 1963 (recorded in
O.R. Book 1675, Page 302, Public Records of Pinellas County, Florida), Frank Parker and
Genevieve Thorton Parker dated March 26, 1963 (recorded in O.R. Book 1649, Page 642, Public
Records of Pinellas County, Florida), and Rudolph Jacobsen dated June 29, 1963 (recorded in
O.R. book 1721, Page 713, Public Records of Pinellas County , Florida) to the City of Clearwater
on lands now owned by Stowell. Stowell reserves his rights to such claims, which the City of
Clearwater denies.
Stowell hereby declares and represents that he has not been influenced to any extent
whatever in making this Release by any representations or statements regarding the matters
described above or regarding any other matters, made by persons, firms or corporations who are
hereby released, or by any other person or persons representing him or them.
IT is understood that this Release constitutes the compromise of a doubtful and disputed
claim and that payment is not to be construed as an admission of liability on the part of said
Releasees, by whom liability is expressly denied.
THIS release is contingent upon the signing of same, and any other related documents,
by ALLAN 1. STOWELL on or before August 8, 1994. If this release and any other related
documents are not signed on or before August 8, 1994, the offer of settlement in the above-stated
amount is withdrawn.
For and in consideration of Stowell's granting of the easements described in the
Agreement and Grant of Construction and Permanent Easement, the City of Clearwater does
hereby release, acquit, and forever discharge Stowell of and from any and all actions, causes of
action, claims, demands, damages, costs, loss of services, expense and compensation on account
or in any way growing out of any matters relating to the case pending in Circuit Court of the
Sixth Judicial Circuit in and for Pinellas County entitled City of Clearwater, Florida, Plaintiff v.
Allan 1. Stowell, Defendant, Case No. 91-16681-20 and any claims or damages, including
environmental damage caused by the East Plant South Interceptor sewer line, or additional
construction costs arising out of any delay allegedly caused by Stowell in granting the necessary
easements to repair said sewer line.
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THIS Release, along with the Amendment to Settlement Stipulation, Settlement Stipulation
dated March 26, 1992, and Agreement and Grant of Construction and Permanent Easement,
contain the entire agreement between. the parties hereto and the terms of this Release are
contractual and not a mere recital.
WE FURTHER STATE THAT WE HAVE CAREFULLY READ THE FOREGOING
RELEASE AND ALL THE CONTENTS ci AND WE SIGN THE SAME AS OUR
OWN FREE ACT.
WITNESS my hand and seal this day of August, 1994.
IN
S ATE OF FLORIDA
C UNTY OF PINELLAS
Sworn to and subscribed before me this 3' day of AU3U.::s-\- , 1994, the
individual who is 2ersonal1~ known to me or who has produced
("")0 f'e as identification.
T l' AR'i SEAL
FflC1AL NO \ \.-SoN
o MEUSSA H N-h OF FLORlDA
Y PUBUC 51 A 067130
NOi~MMlSSlON 1'0, C;ov, 28,1994
MMlSSlON EXP"
MY CO,,
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Name: e.. \ i ~o- ~ (")
Notary Public
Commission No.:
My Commission Expires:
CITY OF CLEARWATER
Elizabe~~e:Z~
City Manager
ATTEST:
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~\'u.:.. 7.}J.,.~ G. -.::
Cynt a E. Goudeau: -o~, / ~ =-
City lerk :: :_ 0::: 0 0""' 0' ._0,-:.-
STATE OF FLORIDA
COUNTY OF PINELLAS
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Sworn to and subscribed before me this % tLclay of :' 1994, Elizabeth
M. Deptula, as City Manager of the City of Clearwater, who is sonall known to me or who
has produced as i:~
,,~~~It~ MARY KATHRYN DIANA N~~4'U~ic tl'
{!"'"lJ~:'}" MY COMMISSION II CC 229891 EXPIRES Commission No.:
W.~':Q<j September 21, 1996
..,t,h'.'t,:-~ BONDEDnRllMYFAlllIIlSUlWICE,Itc. My Commission Expires:
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