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CONDEMNATION SETTLEMENT AGREEMENT AND RELEASE <br />This Settlement Agreement and Release (the "Settlement Agreement") is made and entered <br />into as of "U 2020 ("Effective Date"), by and between Christopher J. Voros & <br />Jennifer N. Morse-Voros Revocable Trust, Christopher J. Voros & Jennifer N. Morse-Voros as <br />Trustees ( hereinafter referred to as the "Voros Trust"), and the City of South Bend, Indiana, by and <br />through its Board of Public Works ( "the City"), each a Party and collectively the Parties. <br />Recitals <br />The Parties desire to enter into this Settlement Agreement in order to avoid litigation and to <br />provide for certain payments to the Voros Trust in full settlement and discharge of all claims which <br />the Voros Trust may have against the City in damages arising from the City's acquisition of a <br />permanent easement and a temporary easement over the following real estate owned by the Voros <br />Trust (the "Property"), as more particularly described and depicted in Exhibit A, incorporated herein <br />by reference: el <br />Property near 5810 Magnolia Road <br />Tax Key No. 017-1012-031904 <br />Agreement <br />The Parties agree as follows: <br />1.0 Release and Discharge <br />1.1 In consideration of the payment set forth in Section 2 of this Settlement Agreement, <br />the Voros Trust (including, its representatives, agents, heirs, assigns, and successors) hereby <br />completely releases and forever discharges the City from any and all past, present or future claims, <br />demands, obligations, actions, causes of action, rights, damages, costs, losses or services, expenses and <br />compensation of any nature whatsoever, which the Voros Trust now has, or which may hereafter <br />accrue or otherwise be acquired, on account of , or may in any way grow out of the circumstances <br />described in Recital above. <br />1.2 This release and discharge shall also apply to and bind the Voros Trust's past, present, <br />and future officers, employees, trustees, agents, partners, representatives, attorneys, parent and <br />affiliated entities, subsidiaries, divisions, joint ventures, predecessors, successors, beneficiaries, <br />companies, grantees, vendees, transferees, and assigns and any and all related corporations, companies <br />or subdivisions. <br />1.3 This release and discharge, on the part of the Voros Trust, shall be a fully binding and <br />complete settlement among the Voros Trust and the City, and their representatives, agents, heirs, <br />assigns, and successors. <br />