Settlement Agreement and Mutual Release with Sawcutting and Milling LLC

City of Glendale — Regular Meeting (2024-05-28)

View PDF Item 7 Meeting page

Extracted text (via pymupdf) 1875 characters
11.
Warranty of Capacity to Execute Agreement. The Parties represent and
warrant that no other person or entity has or has had any interest in the claims, demands, 
obligations, or causes of action referred to in this Agreement. It has the sole right and 
exclusive authority to execute this Agreement; and that it has not sold, assigned, 
transferred, conveyed, or otherwise disposed of any claims, demands, obligations, or 
causes of action referred to in this Agreement. 
12.
Additional Documents. The Parties agree to cooperate fully, to execute any
and all supplementary documents, and to take all additional actions that may be necessary 
or appropriate to give full force and effect to the basic terms and intent of this 
Agreement. 
13.
Advice of Counsel and Authority to Execute. Each party executing this
Agreement warrants that it has read this Agreement; has obtained the advice of legal 
counsel with respect to the terms of the Agreement; and is legally empowered and 
authorized to execute the Agreement on its behalf. 
14.
Effective Date. This Agreement shall become effective following execution
by the parties. 
15.
Counterparts. This Agreement may be executed via facsimile in any
number of multiple counterparts. When a counterpart has been executed by each of the 
Parties, the counterparts, taken together, shall constitute a single agreement. Duplicate 
originals may also be utilized, each of which shall be deemed an original document. 
However, this Agreement is not effective until signed by all the Parties. 
3827572 
4 
Joßdent 
Southwest Sawcutting and Milling, LLC 
City of Glendale, an Arizona municipal 
corporation 
By: 
Name: -------------
Title: 
City Manager 
Kevin R. Phelps

ATTEST: 
By: 
Name: 
Title: 
Julie K. Bower, City Clerk 
APPROVED AS TO FORM: 
By: 
Name: 
Title: 
Michael D. Bailey, City Attorney 
3827572 
5 
----------------