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-214- <br /> <br /> WHEREAS, the City and the State desire to resolve all damages, other compensation, <br />and easement issues existing between them in this matter in an amicable manner. <br /> <br /> NOW' THEREFORE, the City and the State hereby agree to the following: <br /> <br /> 1. The City shall pay the State an additional One Thousand Two Hundred Fifty <br /> <br />Dollars ($1,250.00) to compensate the State for its early entry upon and use of, the Premises, and <br />appraisal costs. The parties acknowledge that this Settlement Agreement shall be submitted to <br />the Commissioners appointed in this case for their approval and that the Commissioners will <br />submit a report to the District Court for'its consideration. Assuming the Commissioners approve <br />the award of $1,250.00 as provided herein, the City shall make payment of that amount within <br />ten days follow/rig the date of the report of the CommissiOners. <br /> <br /> 2. The City and the State agree to enter into the attached Easement and Agreement <br /> <br />providing for the conveyance of an easement from the City to the State for two utility lines lying <br />beneath the Sunwood Drive ROW that are owned by the State and are essential for the State's <br />environmental response actions at the Landfill <br /> <br /> 3. The Parties, on their own behalf and on behalf of their agents, successors, assigns, <br /> <br />and any other persons acting on their behalf, release and forever discharge each'other, and their <br />agents, successors, assigns, and any other persons acting on their behalf, for any and all claims, <br />demands, charges, damages, expenses, causes of action, suits, and actions of any nature <br />whatsoever, arising from or relating to the City's condemnation of the PremiSes and the State's <br />obtaining an easement for utility line purposes from the City, that they may now or in the future <br />have against each other, based upon any facts that they knew or should have known as of the <br />date of execution of this Settlement Agreement, for damages, losses, charges, expenses, or <br />compensation of whatever nature or kind in any way arising from or relating to the City's <br /> <br /> <br />