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marketable tile to the area, free of any rights of the City or the public to use the area for ingress or <br /> egress or otherwise (the"Lawsuit"); <br /> WHEREAS, on March 17, 2023, the City filed Defendant's Original Answer in the <br /> Lawsuit,which answer includes a plea to the jurisdiction; <br /> WHEREAS, without further summarizing the various pleading amendments in the <br /> Lawsuit, as used herein the meaning of "Lawsuit" will include and refer to all claims, <br /> counterclaims, defenses, affirmative defenses, pleas, suits in equity, remedies, and requests for <br /> relief pled, demanded, sought or asserted at any time in the Lawsuit by any of the Parties; and <br /> WHEREAS, without admitting the contentions or allegations of law or fact asserted, or <br /> which could have been asserted,by an opposing party, SM Block 21 and the City are entering into <br /> this Agreement to evidence the settlement and release of all claims and disputes between and <br /> among them at issue in the Lawsuit, and are doing so in order to avoid further costs, expenses, and <br /> risks of litigation between them and to buy peace. <br /> NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of <br /> which is hereby acknowledged,the Parties agree as follows: <br /> 1. SM Block 21 hereby pays Forty Five Thousand Dollars ($45,000) in good funds to <br /> the City, and the City hereby accepts that amount in exchange for the promises, releases, <br /> representations and warranties expressly described in this Agreement, the overall intent of which <br /> is that SM Block 21, its successors or assigns shall own the area of the former alley between Lots <br /> 4 and 5 free and clear of the area being a public access way or being burdened with any other <br /> public or private encumbrance. <br /> 2. Attached hereto and incorporated herein by reference are the following: <br /> 38053116v.1 2 <br />