Contract 2020-010A#2020-10-A
MEDIATION SETTLEMENT AGREEMENT
THIS DOCUMENT is a Mediation Settlement Agreement by and between Oelrich Construction, Inc.
("OCI") and the City of Clermont, Florida ("Clermont").
WHEREAS, the Parties entered into a construction contract ("Contract") for OCI to construct a project in
Clermont, Florida known as Victory Pointe Park ("Project");
WHEREAS, the Parties fell into a Contract dispute; and
WHEREAS, the Parties seek to avoid litigation, resolve their differences, and move forward in peace;
NOW THEREFORE, in consideration of the covenants and payments expressed herein, the Parties agree:
1. the aforementioned recitals are true and correct;
Clermont delivers payment to OCI in the amount of $110,000.00 on or before January 24, 2020;
3. the Parties mutually waive all past, present and future claims against each other from the
beginning of time through the end of time arising out of or related to the Project with the understanding
that:
OCI only waives claims against Clermont and its employees;
b. the Parties recognize and agree that OCI specifically and intentionally does not waive
any claims it may have now or in the future against design professionals associated with the
Project including without limitation, gai Consultants, its subsidiaries, principals, employees, sub -
consultants, and sub -contractors;
4. the Parties will not disparage each other;
Clermont will cooperate with OCI in any endeavors by OCI to pursue claims against any person
or entity, excluding Clermont;
6. in any lawsuit arising out of or relating to this Mediation Settlement Agreement, the prevailing
party is entitled to recover its legal costs including without limitation, reasonable attorney's fees, fro
the non -prevailing party, from the beginning of the dispute through appeal; and
7. the Parties intend to subsequently supplement this Agreement to more fully formalize the
aforementioned provisions and to affirm by signingA>W nR g ZV:M 9 N 4A4Gr�r IS AGiJtM-W.
2020
Ivan Oelrich, as authorized agent of
Oelrich Construction, Inc.
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�L /),/
James Kinzie Deputy Deputy Ci nager and
authorized a nt of the City of Clermont
Lewis Stone, me iator
Q.1A .�
Robert Butts, as counsel for
OeInch C ruction Inc.
Daniel Mantzaris, as counsel for
the City of Clermont
1 Jiv 2020
Will
co f • 14— , 2020
2020
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