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Mutual Release and Settle....,nt Agreement Page 3 11 u 1 11 11 111 hil 1 1 11 11 11 11 Boulder Coun y C erk, CO AG 2773464 Page: 3 of 43 05/02/2006 02:08P R 216.00 D 0.00 5. Delay of Construction. The Parties agree that the City shall delay the construction of a pedestrian path through and fencing of the New Right of Way, and shall delay reconfiguration of water lines, until the earlier of (a) ten (10) years from the Agreement Effective Date; or (b) the date on which either the Sawyers or the Ehrmanns transfer title to their respective properties to a person other than a "family member." "Family member" includes and is limited to the following individuals: Kenneth Sawyer, Bernadine Sawyer, Philip Ehrmann, Denise Ehrmann, Mark Sawyer, Jakeb Sawyer, Eric Ehrmann, Chandra Baker or Alora Klatka. During such delay, the Sawyers and the Ehrmanns shall have the right to occupy the New Right of Way and shall be permitted to maintain the existing improvements and structures in the New Right of Way, but shall not place any permanent improvements or structures therein, all pursuant to a Grant of Easements and Agreement in Form attached hereto as Exhibit D. The parties shall execute the Grant of Easements and Agreement within five (5) days after the Ordinance Effective Date. 6. Creation of Temporary Construction Easement. The Parties agree that the City shall, by the Form of Grant of Easements and Agreement attached hereto as Exhibit D, have a temporary construction easement over and through areas adjacent to the New Right of Way as needed for construction of the pedestrian path, which shall be ADA compliant, for removal of improvements related to such construction, and for work on the water lines within the Old Right of Way. 7. Relocation of Improvements. The Parties agree that the City shall, at the end of the Delay of Construction set forth in Paragraph 5, by the Form of Grant of Easements and Agreement attached hereto as Exhibit D, reimburse the Sawyers and the Ehrmanns for all reasonable and necessary costs to remove the currently existing storage shed located on the west side of the New Right of Way, should such shed remain located in the New Right of Way at the end of the Delay of Construction. The Parties acknowledge that the existing cinderblock foundation shed located on the east side of the New Right of Way must be demolished to be removed from the New Right of Way; therefore, the City agrees to pay the Sawyers and Ehrmanns $3,500, representing the cost of a similar sized shed, which amount shall be due and payable to Denise and Philip Ehrmann within five (5) days after the Ordinance Effective Date. If the existing cinderblock shed remains in the New Right of Way at the end of the Delay in Construction, the City shall have the right to demolish and remove such shed from the New Right of Way without further payment or liability of any kind. The City shall not be responsible for any removal costs incurred prior to the end of the Delay of Construction. 8. Memorial Plaque. The Parties agree that the City shall in 2006 place a memorial plaque on the existing bench located in the park near the south boundary of the Sawyer and Erhmann properties, which plaque shall be paid for by the Sawyers and Erhmanns and state the following: "In loving memory of Bernard and Hazel Anlauf from the Sawyer and Ehrmann Families." The existing park bench may be replaced with a different type of bench, but only if the Sawyers and Ehrmanns pay all costs for the replacement bench and the bench is of a type