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ST9302-CN041008Kimley-Horn and Associates, Inc. October 18, 2004 Mr. Kenneth M. Griffin, P.E. Director of Engineering / Public Works 255 Parkway Coppell, TX 75019 RE: Sandy Lake Road ST93-02 Dear Mr. Griffin: I have received your letter dated September 15, 2004, requesting payment in the above mentioned project. Enclosed please find our check in the amount of $35,000.00, payable to the City of Coppell. Please send me the original general release upon receipt of this letter. If you have any questions, please contact me. Sincerely, Executive Vice President Attachment(s) a/s cc: Jeff James, P.E. · Suite 1800 12700 Par~ Ger~tral Drive Dallas, Texas 75251 TEL 972 770 1300 FAX 972 239 3820 GENERAL RELEASE OF ALL CLAIMS 1. FOR AND IN CONSIDERATION of the payment of the stun of $35,000.00 (Thirty Five Thousand and Dollars), the receipt of which is acknowledged, the City of Coppell, Texas, for itself and its affiliates and anyone claiming by, through, or under it ("The City"), has released and discharged, and by these presents does release, acquit and forever discharge Kimley-Hom and Associates, Inc. ("Kimley-Hom"), and its employees, agents, and affiliates of and from any and all actions, causes of action, claims, demands, damages, costs, expenses, compensation, and all consequential damage which the City now has, or hereafter may have, on account of, or in any way growing out of professional engineering, consulting and other services provided by Kimley-Hom for the project known as the Sandy Lake Road Project that relate in any way to any known claims in connection with any handicapped accessibility issues arising under any federal, state, or local standard, law, or guideline. 2. The City acknowledges and represents to Kimley-Hom that it has no knowledge of any actual or alleged errors or omissions of Kimley-Hom related to any services provided by it other than those alleged errors and omissions being released hereby. 3. This Release constitutes a full and complete SETTLEMENT of doubtful and disputed claims, regardless of the adequacy of the consideration described above, and the payment described herein and the acceptance of this Release is not an admission of liability or wrongdoing on the part of the persons and entities hereby released. 4. This Release shall be governed by and shall be construed and enforced in accordance with the laws of the State of Texas. 5. This Release contains the entire agreement between the undersigned and the parties released hereby. This ~ dayofOctober, 2004. By: C~__~ELL Witt, City Manager