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FULL AND FINAL SETTLEMENT AGREEMENT AND RELEASE
<br />This Full and Final Settlement Agreement and Release ("Agreement") is entered
<br />into by and between St. Clair Land Company ("St. Clair") and the City of Lino Lakes
<br />("City") (each is a "Party," and collectively they are the "Parties").
<br />The Parties are parties to a civil action captioned St. Clair Land Company v. City of
<br />Lino Lakes, Anoka County Court File No. 02-CV-20-4137 (the "Action'), relating to St.
<br />Clair's breach of contract claims against the City. A court trial was held on October 4 and
<br />5, 2021, and the Court issued Findings of Fact, Conclusions of Law and Order for
<br />Judgment on February 3, 2022. The Parties wish to resolve all Claims (defined below)
<br />between them in this Agreement.
<br />For and in consideration of the mutual releases, covenants, and undertakings in
<br />this Agreement, and for other good and valuable consideration, which each Party
<br />acknowledges, the Parties incorporate the above Recitals and agree as follows:
<br />terms:
<br />1. Settlement Terms. The City and St. Clair agree to the following settlement
<br />a. St. Clair will dismiss its claim related to the Driveway Repair at 6575
<br />Enid Trail. The amount of this claim is $2,645.00
<br />b. St. Clair will waive its appeal rights to any and all claims assert in this
<br />Action.
<br />c. The City will not petition the Court for its attorney's fees and costs as
<br />allowed by Paragraph 17(e) of the Development Agreement and the
<br />Court's February 3, 2022 Order for Judgment.
<br />d. Both parties waive their right to pursue any statutorily available fees or
<br />costs.
<br />2. Mutual Release of Claims.
<br />(a) Mutual Release. In consideration of the promises contained herein, the City
<br />and St. Clair, for themselves, their successors, assigns, owners, agents, officers, directors
<br />and anyone else acting on their behalf, release, waive, surrender, and forever discharge
<br />one another and their successors, assigns, owners, agents, officers and directors from all
<br />claims, actions, causes of action, suits, debts, damages, liabilities, claims for attorneys'
<br />fees, costs, expenses, counterclaims, cross -claims, injunctive relief, declaratory relief,
<br />claims for contribution, claims for indemnity, claims for subrogation, claims on surety or
<br />other bonds, judgments, and demands, in law or equity, of whatever kind or nature,
<br />whether known or unknown, suspected or unsuspected, fixed or contingent, apparent or
<br />concealed (collectively, "Claims"), which were asserted or could have been asserted in
<br />the Action.
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