HomeMy WebLinkAboutPaul S Swirsky; 1985-09-12;AGREZMENT BETWEEN COSTA REAL MUNICIPAL WATER DISTRICT
AND PAUL S. SWIRSKY
THIS AGREEMENT is entered into this 1274 day of Sc?n*Bq 1985, between the COSTA REAL MUNICIPAL WATER DISTRICT (hereinafter "District") and PAUL S. SWIRSKY (hereinafter "Swirsky") in view of the following facts:
A.
B.
C.
D.
E.
NOW,
1.
District is a Municipal Water District organized and operating in San Diego County, California, pursuant to Water Code section 71000 et seq.
Swirsky is an attorney practicing law and residing in San Diego County, California.
The Board of Directors of District entered into an agreement
with Swirsky with an effective date of January 1, 1982 (hereinafter the "Agreement") for legal services to the Dis-
trict. That Agreement provided that it could be terminated
at any time under certain conditions.
The Board of Directors of District, on December 19, 1985, acted at a regularly scheduled meeting to terminate the Agreement in accordance with its terms, effective January 2,
1985.
A dispute has arisen between the parties concerning the com- pensation due Swirsky for special services and other work
performed under the Agreement. Swirsky and District dis- agree as to whether and to what effect the Agreement was
modified in March 1984, and the compensation due Swirsky
thereunder. The parties signatory hereto desire to settle
and provide for a mutual release concerning this dispute.
THEREFORE, it is agreed as follows:
Final Payment.
District agrees to pay, within 30 days of the execution of this Agreement, the sum of Twelve Thousand Seven Hundred and Thirteen Dollars and Three Cents ($12,713.03) to Swirsky in compensation for all work performed by Swirsky under the Agreement. Swirsky agrees to accept this sum as final pay-
ment for all work, services, expenses, or other charges under the Agreement. The parties agree that no additional compensation of any nature is owed by District to Swirsky for any services rendered by Swirsky, his employees, agents or assigns.
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2. Mutual Termination of Agreement.
Except as provided above, the parties agree that the Agree- ment was validly terminated and has no further force or effect .
3. Release.
In consideration of the above mutual promises, District does fully release Swirsky, and Swirsky does fully release Dis- trict, its directors, officers, employees and agents, from all claims and causes of action by reason of injuries, claims or expenses which have been or will be sustained as a result of or in any way related to compensation of Swirsky under the Agreement for services rendered to District, or related to the termination of the Agreement and all proceed- ings of District incidental thereto. This release and set- tlement shall be binding on and shall inure to the benefit of the successors and assigns of the parties. This release shall not and does not constitute any admission of liability or fault by any party under the Agreement, except as speci-
fically provided herein. This release shall not affect the liability or responsibility, if any, of Swirsky, his agents or employees, for defects, errors or omissions or other ser-
vices performed under the Agreement, or any other agreement
with District prior to the date of execution hereof.
Each person signing below declares that he or she has read and understood the foregoing, received advice of counsel, and that
the statements made herein are true as of the date of signing.
Date: w, ;8, /9xc COSTA REAL MUNICIPAL WATER DISTRICT
By :
(DEB2 : GMCRMW. S1)
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