Temporary Construction Access Easement- Temporary & Permanent Construction Access and Instal – Christopher & Jennifer Voros (Trustees)

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1.4 The Voros Trust acknowledges and agrees that this release and discharge set forth above is a general release. The Voros Trust expressly waives and assumes the risk of any and all claims for damages which exist as of this date, but of which the Voros Trust does not know or suspect to exist, whether through ignorance, oversight, error, negligence, or otherwise, and which, if known, would materially affect The Voros Trust's decision to enter into this Settlement Agreement. The Voros Trust further agrees that The Voros Trust accepts, payment of the sum specified herein as a complete compromise of matters involving disputed issues of law and fact. The Voros Trust assumes the risk that the facts or law may be other than The Voros Trust believes. It is understood and agreed to by the Parties that this settlement is a compromise of a doubtful and disputed claim, and the payment is not to be construed as an admission of liability on the part of the Parties, by whom liability is expressly denied. 2.0 The Voros Trust's Further Duties and Obligations to the City 2.1 In addition to the execution of this Settlement Agreement, the Voros Trust will promptly execute and deliver to the City permanent and temporary easements, on the forms prepared by the City. 3.0 Payments from the City to the Voros Trust and Further City Duties In consideration for all the terms and conditions of this Agreement, the City will pay the Voros Trust as follows: 3.1 The total sum of Five Thousand Dollars ($5,000.00), of which One Thousand, Five Hundred, Sixty-eight Dollars and Eighteen Cents ($1,568.18) is for the permanent easement and Six Hundred, Eighty-three Dollars and Seventy-nine Cents ($683.79) is for the temporary construction easement acquired by the City. 3.2 The total sum set out in sub -part 3.1 above shall be paid to the Voros Trust in one lump sum payment of Five Thousand Dollars ($5,000.00) within 30 days following the execution of this Settlement Agreement by the Voros Trust's trustees and approval by the City's Board of Public Works, all of which are conditions to this Settlement Agreement, and following the Voros Trust's tender of the signed permanent and temporary easements required by this Settlement Agreement. 3.3 The City agrees to investigate whether the oak tree located on the Property and referenced by the Voros Trustees, inclusive of its root system, is outside of the permanent and temporary easement areas. If the tree, inclusive of its root system, is determined by the City to be outside the permanent and temporary easement areas, the City agrees to use its best efforts to preserve the tree, as requested by the Voros Trust. 4.0 Representation of Comprehension of Document In entering into this Settlement Agreement, the Voros Trust represents that it has fully reviewed this Settlement Agreement, and that the terms of this Settlement Agreement are fully understood and voluntarily accepted by the Voros Trust.