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that unknown losses or claims exist or that present losses may have been underestimated in amount or severity and the CITY and VALLEY each explicitly took that into account in entering into this Agreement and a portion of the consideration was given in exchange for a full accord satisfaction and discharge of all such claims 13 Accordingly the CTTY and VALLEY expressly waive all rights under California Civil Code 1542 with respect to the matters released herein which provides that A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executina the release which if known by him must have materially affected his settlement wi h the debtor 14 The CITY and VALLEY understand that this release includes all claims for costs expenses and attomeys fees taxable or otherwise incurred by it in connection with or arising out of theabove mentioned matters and that each will bear its own costs and attorneys fees in connection with the matters released herein 15 The CITY and VALLEY acknowledge that this Aoeement does not constitute an admission or concession of liability by DSIC on account of any claims or matters referred to herein liability for which is expressly denied by DSIC 16 This Agreement shall be binding upon and for the benefit of the parties hereto and their respective heirs executors administrators successors designees and assigns 17 The CTTY VALLEY TCN and DSIC each warrant that no promise inducement or agreement not expressed herein has been made to it in connection with this Abeement and this Agreement constitutes the entire agreement between the parties herein named with respect to the matters recited herein It is expressly understood and agreed that this Agreement may not be altered ainended modified or otherwise changed in any respect whatsoever except by a writing duly 9 38
executed by all of the parties The CITY VALLEY TCN and DSIC each agree that it will make no claim that this Abeement has been orally altered or modified or otherwise changed by oral communication of any kind or character Any such representa ion shall consUtute a material breach hereof 18 This Abeement is entered into freely and voluntarily and except for TCN witt and upon the advice of counsel The CIY VALLEY TCN and DSIC each warrant that the person signing below is authorized to sign this Agreement on its belialf and to bind it to the terms of this Aeement 19 Should any provision of his Abeement be held invalid or illegal such invalidity or illegality shal not invalidate the whole of this Agreement but ra her this Agreement shall be construed as if it did not contain the invalid or illegal part and the rights and obligations of the undersigned shall be construed and enforced accordinbly 20 Copies of this document may be used in lieu of the origin il Tn the absence of substantial evidence that the copy has been altered or substantial evidence that the copy is not a true and accurate duplicate of the original such copies shal be equally admissible in evidence as the original 21 ThisAreement shall be construed and enforced pursuan to the laws of the State of Caiifomia 22 This Abreement may be executed in counterparts each of which shall be deemed an original but all of which together shall constitute one and the same instrument 23 No attorneys fees shall be paid by any of the parties to any other par y under this Agreement However if any party brings an action or motion against the other by reason of any breach of the provisions of this Abreement the prevailing party shal beeniled to recover from the other party or parties all costs and expenses of litigation or arbitration including reasonable 10 39
Page 1 and 2: April 2 2012 City Council Regular M
Page 3 and 4: CITY OF LATHROP CITY COUNCIL REGULA
Page 5 and 6: 45 CREATION OF CIP GG 12 16 FOR ADA
Page 7: ITEM 21 PROCLAMATION SEXUAL ASSAULT
Page 10 and 11: 14 INVOCATION Mayor Santo led the o
Page 12 and 13: 49 PRELIMINARY ENGINEER S REPORT AN
Page 14 and 15: CITY OF LATHROP CITY COUNCIL SPECIA
Page 16 and 17: Councilmember Ornelas arrived at703
Page 18 and 19: On a motion by Councilmember Dhaliw
Page 20 and 21: Sunrise Rotary Gene Neely Lathrop C
Page 22 and 23: Lathrop Celeb ation Event Committee
Page 24 and 25: CITY MANAGER S REPORT Page 2 APRIL
Page 26 and 27: CITY MANAGER S REPORT Page 4 APRIL
Page 28 and 29: RESOLUTION NO 12 A RESOLUTION FROM
Page 30 and 31: SETTLEMENT ANll RELEASE AGREEMENT R
Page 32 and 33: Bonds and the Tract 3073 Pazk Bonds
Page 34 and 35: attorney s fees and costs for work
Page 36 and 37: Park Bonds upon the completion of t
Page 40 and 41: other parry or parties all costs an
Page 42 and 43: Iated City of Lathrop By T1cae APPR
Page 44 and 45: Dated City of Lathrop y Title APPRO
Page 46 and 47: wwnawai2VcTYS res6YSv vcb lE6 1ma7A
Page 48 and 49: uC623S lYiwC AC sep Ff TTie 14miNSL
Page 50 and 51: oM 1tIYC Ty ustusY Mvm ti Th vVl am
Page 52 and 53: vu mav ssw cwu rrc vscuavl Park Imp
Page 54 and 55: ati zs ac a3c nvW cs uvsrNi rac isa
Page 56 and 57: Exhibit C CIT Y OF LATHROP PARK IMP
Page 58 and 59: Park Improvement Agreement Tracts 3
Page 60 and 61: Park Improvement Agreement Tracts 3
Page 62 and 63: Park ImprovementAeement Tracts 3073
Page 64 and 65: Tracts 3073 Linear Pazk IN WITNESS
Page 66 and 67: Exhibit D C1CSi Rtbtdzd6ht r 1 7i7
Page 68 and 69: Law SubsequernlyV1I TEY filed an ac
Page 70 and 71: Each offe parties sndecstands andac
Page 72 and 73: Z2 Maintenance oP the Remaining Wor
Page 74 and 75: IN VJINESS WI IZEOF the parties her
Page 76 and 77: i arierac izw oa vau EVamsca czuora
Page 78 and 79: 5A g i 4 it iOiCGl2008 kjdi7 9a1 E3
Page 81 and 82: ITEM 4 CITY MANAGER S REPORT APRIL
Page 83 and 84: CITY MANAGER S REPORT PAGE 3 APRIL
Page 85 and 86: RESOLUTION NO 12 A RESOLUTION AWARD
Page 87 and 88: CITY OF LATHROP AGREEMENT FOR Louis
Page 89 and 90:
CITY OF LATHROP CONSULTANT CONSULTI
Page 91 and 92:
Page 93 and 94:
Page 95 and 96:
Page 97 and 98:
CITY OF LATHROP GONSULTANT CONSULTI
Page 99 and 100:
Page 101 and 102:
Providing Operations Services to Me
Page 103 and 104:
Providing Operafions Services fo Me
Page 105 and 106:
Page 107 and 108:
Page 109 and 110:
Page 111 and 112:
Page 113 and 114:
Page 115 and 116:
CITY MANAGER S REPORT APRIL 2 2012
Page 117 and 118:
CITY MANAGER S REPORT Page 3 APRIL
Page 119 and 120:
The foregoing resolution was passed
Page 121 and 122:
Page 123 and 124:
Page 125 and 126:
NOW THEREFORE BE IT RESOLVED that t
Page 127 and 128:
TASK ORDER No 12 PURSUANT TO MASTER
Page 129 and 130:
CITY OF LATHROP CONSULTING SERVICES
Page 131 and 132:
CITY OF LATHROP CONSULTING SERVICES
Page 133 and 134:
MCC CCJf JTRQ SYSTEMS Rli hE Id JiC
Page 135 and 136:
Page 137 and 138:
CITY MANAGER S REPORT PAGE 3 APRIL
Page 139 and 140:
The foregoing resolution was passed
Page 141 and 142:
Page 143 and 144:
Page 145 and 146:
Page 147 and 148:
Loan Agreement between the City and
Page 149 and 150:
PASSED AND ADOPTED this 2n day of A
Page 151 and 152:
PASSED AND ADOPTED this 2nd day of
Page 153 and 154:
City ufLttln Pagc 2 D9arch 26 2012
Page 155 and 156:
corio b a March 26 2012 DOCUMGN fAI
Page 157 and 158:
ctry orLi Page 6 March 26 2012 MISC
Page 159 and 160:
AGREEMENT In consideration of the f
Page 161 and 162:
Gross Revenues means all gross char
Page 163 and 164:
Term means the time during which th
Page 165 and 166:
SECTION 22 Representations Covenant
Page 167 and 168:
provisions of this Section however
Page 169 and 170:
earnings on deposits in a Rate Stab
Page 171 and 172:
The City shall apply any insurance
Page 173 and 174:
section 141 b of the Tax Code or th
Page 175 and 176:
h Cancellation of Insurance or Loss
Page 177 and 178:
ecome due during the Term of this L
Page 179 and 180:
whole or in part by irrevocably dep
Page 181 and 182:
Procedure and all proceedings shall
Page 183 and 184:
APPENDIX A SCHEDULE OF LOAN REPAYME
Page 185 and 186:
an irrevocable escrow securing the
Page 187 and 188:
SECTION 9 Effect of These Instructi
Page 189 and 190:
Fxecutcd as of the date first above
Page 191 and 192:
WJ Fawell Co Schedule 1 Public Fina
Page 193 and 194:
WJ Fawell Co Schedule 3 Pubhc Finan
Page 195 and 196:
WJ Fawell Co Schedule 5 Public Fina
Page 197 and 198:
W J Fawell Co PcrGlic Fintnrce 94ar
Page 199 and 200:
Ms Cari James March 27 2012 b 2 Prc
Page 201 and 202:
Is Cari James March 27 2012 Pg i 19
Page 203 and 204:
AGREEMENT BETWEEN THE CITY OF LATHR
Page 205 and 206:
7 Termination of Agreement This Agr
Page 207 and 208:
ITEM 52 CITY MANAGER S REPORT APRIL
Page 209 and 210:
Page 211 and 212:
Page 213 and 214:
Capital Improvement Program Fistal
Page 215 and 216:
Page 217 and 218:
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