Laserfiche WebLink
SETTLEMENT AGREEMENT AND RELEASE <br /> THIS SETTLEMENT AGREEMENT AND RELEASE is made and entered into by and <br /> between Memphis Pool Supply, Inc. (hereinafter referred to as "Memphis Pool" and the City of <br /> Batesville,Arkansas(hereinafter referred to as"Batesville"). <br /> WITNESSETH: <br /> WHEREAS,that Memphis Pool constructed the outdoor pool(hereinafter"Project")at the <br /> Batesville Community Center located at 1420 20"St.,Batesville,Arkansas between 2015 and June <br /> of 2017; <br /> WHEREAS, Batesville claims that there were certain alleged deficiencies in the <br /> construction of said outdoor pool at the Batesville Community Center(herein after"Claim"); <br /> WHEREAS, Memphis Pool denies that it has any liability whatsoever to Batesville; <br /> WHEREAS, Memphis Pool and the City of Batesville desire to settle fully and finally all <br /> differences between them arising from the"Claim." <br /> NOW, THEREFORE, in consideration of the premises and mutual promises herein <br /> contained, IT IS AGREED as follows: <br /> FIRST: Memphis Pool agrees to replaster said pool and repair cracks to the monolithic <br /> shotcrete shell of the pool as set forth in the Bluewater Pools proposal to Batesville (hereinafter <br /> "Repair Project"). Repairs to the cracks includes but is not limited to cutting a 3/4 inch wide and <br /> % inch deep around the cracked area, and filling said cuts with epoxy and replaster the entire pool <br /> as designated in the Bluewater Pools proposal. Memphis Pool agrees to complete the Repair <br /> Project commencing in the Fall of 2022, and that all construction for the Repair Project will be <br /> completed by May 1, 2023. In the event Batesville desires to retain an independent third party <br /> engineer or consultant to review the work of Memphis Pool on the Repair Project it shall be at <br /> Batesville's sole cost and expenses. Batesville agrees that it will pay to Memphis Pool the total <br /> amount of$81,322 dollars($81,322.00)which represents half of Memphis Pool estimated costs to <br /> replaster the entire pool. Said funds shall be held in a designated escrow account prior to the <br />