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II I I IIII
<br /> III III I 111111 111111 I I I I 11 II 08/02/2004 2�136 12 47 5P
<br /> Boulder County Clerk, CO CE R 71 00 D 0 00
<br /> 10.1 Owner has asserted claims against the City with respect to the zoning of the Property
<br /> from Commercial Business to Agricultural, which claims have been asserted in the
<br /> civil action entitled T and T Bennett, L.L C. v. City of Louisville, Boulder County
<br /> District Court, Case No. 2003CV1783 (hereinafter referred to as the "Lawsuit").
<br /> Owner and the City have also previously discussed certain claims each may have
<br /> against the other with respect to the subdivision of the Property,the Existing Uses on
<br /> the Property and the 1982 Agreement.
<br /> 10.2. In consideration of the payments,promises and covenants contained herein, Owner
<br /> does hereby irrevocably release,acquit,and forever discharge the City of Louisville
<br /> and its elected and appointed officials, officers, employees, agents, successors,
<br /> assigns, and insurers, and any other person or entity of and from any and all past,
<br /> present and future rights, duties, obligations, liabilities, claims, demands,
<br /> controversies,agreements,damages,causes of action,expenses,costs,attorneys fees,
<br /> appraiser fees,penalties,interest,and compensations of whatsoever kind and nature,
<br /> whether known or unknown and whether existing in law or in equity,arising out of or
<br /> in any way related to the Lawsuit, any allegations contained in the Lawsuit, or any
<br /> matters related to the Lawsuit,the Agricultural zoning of the Property and the 1982
<br /> Agreement. Owner further agrees that neither it nor its legal representatives,
<br /> successors in interest or assigns,will initiate or continue any suit,action,grievance or
<br /> claim,for any form of relief,whether pursued judicially,administratively,or otherwise,
<br /> against the City, its elected or appointed officials, officers, employees, agents,
<br /> successors,assigns,and insurers,or any of them,arising out of or in any way connected
<br /> with the Lawsuit, any allegations contained in the Lawsuit, or any matters related to
<br /> the Lawsuit, the Agricultural zoning of the Property or the 1982 Agreement.
<br /> 10.3. In consideration of the promises and covenants contained herein, the City does
<br /> hereby release Owner from any existing claims of any kind or nature whatsoever
<br /> related to the Owner's conduct of the Existing Uses as described herein or the
<br /> September 2, 1982 Agreement.
<br /> 10.4. The foregoing Sections 10.2 and 10.3 shall not be construed to constitute a release or
<br /> modifications of the obligations of the parties otherwise set forth in this Easement,or
<br /> as a release of any claims which may arise from any breach of this Easement.
<br /> 10.5 Contemporaneously with the execution of this Easement, the parties through their
<br /> attorneys shall execute and file with the Court a Stipulation for Dismissal with
<br /> Prejudice of all claims in the Lawsuit. As a term of the Stipulation for Dismissal
<br /> with Prejudice and as a term of this Settlement Agreement,the parties agree that they
<br /> will each pay their own costs, attorneys' fees, appraisers' fees and expenses.
<br /> 10.6 The Owner acknowledges that a portion of the consideration given by the City is
<br /> being given for the full and final release of any and all unknown losses, claims,
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