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Tract No. 16.0003
<br />Independence Title Company
<br />Dawn Stitch, Escrow Officer
<br />211B FM 1626, Building 2
<br />Buda, Texas 78610
<br />Tel: (512) 523-3204
<br />b) City will deliver to Title Company a check in the amount of $153,000.00 within
<br />30 days of Title Company's receipt of the executed Easement Agreement.
<br />Upon receipt of the Settlement Sum, Title Company will deliver a check made
<br />payable to Barron Adler Clough & Oddo, PLLC, Trustee for Jaime Lynn
<br />Harper, at 808 Nueces Street, Austin, Texas 78701-2216.
<br />c) After recording of the Easement Agreement in the Official Public Records of
<br />Caldwell County, Texas, counsel for City will file a Notice of Non -Suit with
<br />the Court and record a Release of Lis Pendens, also in the Official Public
<br />Records of Caldwell County, Texas. Copies of the recorded documents will be
<br />forwarded to counsel for Landowner.
<br />6. The Parties agree to cooperate regarding the drafting and execution of any additional
<br />documents, including but not limited to disclaimers of interest in the condemnation proceeds from
<br />lienholders, as is required to implement the provisions and spirit of this Agreement and/or the
<br />request to withdraw funds from the Court's registry, provided that such other documents are
<br />prepared at no cost to Landowner and do not require Landowner to make any additional
<br />representations, indemnifications, or promises to City, the title company, or any other person
<br />except as otherwise specifically provided in this contract. As consideration for the Settlement Sum,
<br />Landowner agrees that they are responsible for securing waivers of claims against the settlement
<br />funds and condemnation from other interest holders, if any.
<br />7. Landowner does hereby COMPROMISE, SETTLE, AND ABSOLUTELY,
<br />UNCONDITIONALLY, AND FULLY RELEASE and FOREVER DISCHARGE City, its current
<br />and former City councils, council members, officers, successors, subsidiaries, parents, affiliates,
<br />related corporate entities, assigns, agents, employees, attorneys, owners, shareholders, and insurers
<br />from any and all liabilities, demands, claims, damages, punitive damages, penalties, losses, costs,
<br />debts, and charges, both legal and equitable, whether at common law, statutory, regulatory,
<br />contractual, tortious or otherwise, now owned or accrued, that arise out of, relate to, or is in any
<br />way connected with the institution, prosecution and/or maintenance of the Lawsuit. This release
<br />specifically includes but is not limited to: (i) just compensation for the taking; (ii) any and all
<br />claims for damages to growing crops, timber, fences, livestock, access, trees, and other
<br />improvements within the Easement caused during City's initial construction on the Property and
<br />all claims for damages or otherwise asserted by Landowner in the course of the Lawsuit, including
<br />any alleged trespass claims arising prior to the date of this Agreement; provided, however, unless
<br />specifically included elsewhere in this Agreement, that this release does not encompass and
<br />specifically excludes claims, causes of action and other matters arising from acts or events after
<br />the date hereof.
<br />8. City does hereby COMPROMISE, SETTLE, AND ABSOLUTELY,
<br />UNCONDITIONALLY, AND FULLY RELEASE and FOREVER DISCHARGE Landowner,
<br />COMPROMISE AND SETTLEMENT AGREEMENT — Page 2 of 5
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