Res 2003-156 - Laserfiche WebLink

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of Action. In addition, on April 10, 2001, the City of San Marcos Planning and Zoning Commission approved the issuance of the specific use permit requested by Bonner Carrington on behalf of Carson ("Specific Use Permit"). 4. On September 11,2001, the ZBOA held a second meeting regarding the Applications, after which the ZBOA issued an Amended Record of Action. 5. As a result of differences of interpretation between Carson and the City regarding the variances granted by the ZBOA and the specific use permit approved by the City Planning and Zoning Commission, the Litigation ensued. 6. Whereas, in addition to a general denial, the Defendant raised certain legal defenses to liability in the Litigation. 7. Whereas, Carson maintains that the City of San Marcos Zoning Ordinance does not impose any building height restriction. B. Whereas, the Defendant disputes liability in this lawsuit; however Plaintiff and Defendant desire to resolve this dispute at the minimum of costs and disruption. In order to minimize the further expense and uncertainty of further litigation with respect to same, Plaintiff and Defendant have negotiated a resolution to the Litigation as more particularly set forth below. e. Whereas, both the Plaintiff and Defendant desire to enter into this Agreement in full settlement and discharge of all claims which have, or might be made, by reason of the legal and factual issues described in Plaintiff s current pleadings, and the foregoing recitals. D. Simultaneously with the execution of this Agreement, the parties will enter into a final judgment as set forth below, subject to the terms and conditions of this Agreement. E. Accordingly, the parties, and each of them, have agreed, by and through their respective authorized representatives that the terms and conditions of this Agreement shall be binding on the parties now and in the future. NOW, THEREFORE, the Plaintiff and Defendant agree as follows: II DEFINITIONS A. As used in this Agreement, "Release" means to fully, unconditionally, and irrevocably release, acquit, and forever discharge the released parties and any related entities of the released parties (individually, a "Released Party" and collectively, "Released Parties") of and from any Claims (as defined below). B. As used in this Agreement, "Claim(s)" shall mean any claim, debt, demand, action, cause of action, suit, sum of money, contract, agreement, judgment, and liability whatsoever, both - 2 -