Res 2002-223 - Laserfiche WebLink

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8. The City and Landowners understand and agree that the claims asserted by City and Landowners are in dispute and the Parties desire to settle such disputes by compromise to avoid the uncertainties, inconvenience, and expense of further litigation. II. For and in consideration of the recitals set forth above and the covenants and undertakings hereinafter contained, it is agreed by and among the Parties that all claims by Landowners asserted in this cause or which could have been asserted in this cause arising out ofthe City's adoption of the 2000 Aquifer Ordinance or the application of such Ordinance to the Property, and all claims by City asserted in this cause shall be settled and compromised upon all of the following terms and conditions: 1. Landowners agree to dismiss with prejudice all claims and allegations asserted by Landowners in the pleading on file in the above-referenced suit. 2. City agrees to dismiss with prejudice all claims and allegations asserted by City in the pleadings on file in the above-referenced suit. 3. The City agrees to pay the following sums to Andrew Gary as lead attorney for Landowners, in satisfaction of all claims for attorneys' fees and costs by Landowners, upon dismissal of this cause with prejudice, as provided below: (a) attorneys fees in the amount of $30,000; and (b) court costs and expenses in the amount of $8,600. 4. Except as hereinafter expressly provided to the contrary, the Parties do hereby RELEASE AND FOREVER DISCHARGE each other, their elected or appointed officials, representatives, departments, partners, agents, servants, employees, attorneys, heirs, executors, COMPROMISE SETTLEMENT AGREEMENT Andrew Garv. et al v. The Citv of San Marcos - Page 3