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Mutual Release and Settle,...,nt Agreement
<br />Page 4
<br />Boulder Coun y Clerk, CO PG
<br />2773464
<br />Page: 4 of 43
<br />05/0212006 02:08P
<br />R 216.00 D 0.00
<br />and in a location acceptable to the City in its sole discretion. The plaque on the
<br />replacement bench may either read as above or "With all our love, Jakeb and Alora."
<br />9. Survey. The Parties agree that the City shall obtain, at the City's cost, the
<br />necessary survey to effectuate and implement the terms of this Agreement.
<br />10. Dismissal of Civil Action. The Parties agree and acknowledge that upon
<br />payment of the settlement amount, execution of the Quit Claim Deeds in the forms
<br />attached hereto as Exhibits B and C, and execution of the Grant of Easement and
<br />Agreement attached hereto as Exhibit D (the "Conditions of Settlement ", all of which are
<br />to be fulfilled within five (5) days after the Ordinance Effective Date), the Civil Action
<br />will be dismissed with prejudice by the Form of Stipulated Dismissal With Prejudice
<br />attached hereto as Exhibit E. The dismissal attached -hereto as Exhibit E will be
<br />executed by counsel for the Parties when this Agreement is signed, but will be held in
<br />trust by counsel for the City and filed after the Conditions of Settlement have been
<br />fulfilled. The parties agree that the original of this Agreement, the original Vacation
<br />Ordinance, Grant of Easements and Agreement, and Quit Claim Deeds will be promptly
<br />recorded after their approval and effectiveness. The parties further agree that, in the
<br />event of any conflict between this Agreement and the fully- executed Grant of Easements
<br />and Agreements, the latter shall control.
<br />11. Releases.
<br />a. The Sawyers and the Ehrmanns do hereby release, discharge, and
<br />acquit the City, and any of its present, former, or future officers, employees,
<br />representatives, predecessors, successors, assigns, executors, agents, insurers, attorneys,
<br />and all persons acting by, through, under, or in concert with it, for any and all manner of
<br />action or actions, causes or causes of action, in law or in equity, of any nature
<br />whatsoever, for damages or costs or otherwise, known or which should have been known,
<br />based upon, arising from, or in any way connected with or related to the ownership of the
<br />Old Right of Way or the Civil Action, including, but not limited to, any claims for
<br />attorneys' fees and costs.
<br />b. The City does hereby release, discharge, and acquit the Sawyers
<br />and the Ehrmanns, and any of their present, former, or future representatives,
<br />predecessors, successors, heirs, assigns, executors, agents, attorneys, and all persons
<br />acting by, through, under, or in concert with them, for any and all manner of action or
<br />actions, cause or causes of action, in law or in equity, of any nature whatsoever, for
<br />damages or costs or otherwise, known or which should have been known, based upon,
<br />arising from, or in any way connected with or related to the ownership of the Old Right
<br />of Way or the Civil Action, including, but not limited to, any claims for attorneys' fees
<br />and costs.
<br />12. No Admission of Liability. The Parties agree and acknowledge that this
<br />Agreement is executed for the sole purpose of resolving contested claims and disputes
<br />resulting from or relating to the Civil Action and the Old Right of Way, and avoiding the
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