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SETTLEMENT AGREEMENT AND MUTUAL RELEASE
<br />This is a binding Settlement Agreement and Mutual Release made and entered into as of
<br />the Settlement Effective Date by and between the City of Ramsey, Minnesota and McDonald's
<br />USA, LLC.
<br />DEFINITIONS
<br />
<br />1."Agreement" means this Settlement Agreement and Mutual Release and all
<br />exhibits hereto.
<br />
<br />2."Claims" means any and all past, present, or future claims, counterclaims, cross-
<br />claims, disputes, demands, actions and causes of action, petitions, suits, debts, liabilities,
<br />defenses, obligations, damages (whether general, special, consequential, punitive, exemplary,
<br />statutory, or other), penalties, costs, losses, expenses, and attorneys' fees (whether incurred prior
<br />to or after the date of the Agreement), whether known or unknown, liquidated or unliquidated,
<br />fixed or contingent, direct or indirect, suspected or unsuspected, premised on direct recovery,
<br />contribution, or indemnity, whether based on contract, tort, statute, or other legal or equitable
<br />theory of recovery, whether written or oral, among or between the Parties, that arise out of or
<br />relate to the Property or McDonald's Deed.
<br />
<br />3."City" means the City of Ramsey, Minnesota, a political subdivision, and its
<br />current, former and future City Council members, employees, representatives, affiliates,
<br />predecessors and successors, agents, assigns, attorneys, insurers, and anyone else who could be
<br />alleged liable on their behalves, individually and collectively.
<br />
<br />4."City Deed" means the Quit Claim Deed to be executed by McDonald's pursuant
<br />Exhibit 2
<br />to this Agreement in the form attached hereto as .
<br />
<br />5."HRA" means The Housing and Redevelopment Authority of the City of Ramsey.
<br />
<br />6."HRA Deed" means the Quit Claim Deed, dated as of August ___, 2017, and
<br />executed by the City, as successor-in-interest to the HRA, in favor of the City, to be recorded
<br />immediately prior to the City Deed.
<br />
<br />7."McDonald's Deed" means the Quit Claim Deed, dated as of February 26, 2014
<br />Exhibit 1
<br />and executed by the HRA, a copy of which is attached hereto as .
<br />
<br />8."Party" means the parties to this Agreement, City and McDonald's, individually,
<br />and "Parties" means City and McDonald's, collectively.
<br />
<br />9."Property" means the real property that is legally described on Exhibit A to each
<br />of the McDonald's Deed and City Deed.
<br />
<br />10."Settlement Effective Date" means the date on which this Agreement is fully
<br />executed by all Parties.
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