Res 2003-119 - Laserfiche WebLink

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and numbered Burkett Transit Advertising, Inc. v City of San Marcos, No.02-1871, 22nd Judicial District Court, Hays County, Texas. 2.0 Payment A. In consideration of the release set forth above, DEFENDANT agrees to pay to PLAINTIFF the sum of TWENTY -FIVE THOUSAND AND NO~lO0 DOLLARS ($25,000), to be deposited into the registry of the court within two weeks after City Council approval. DEFENDANT further agrees to cooperate in filing the necessary paperwork to release the $25,000 from the court registry to PLAiNTIFF when the benches and shelters are removed and the case dismissed. B. Payment of the foregoing amount is intended to cover any and all legal claims for damages alleged in PLAINTIFF'S current pleading, as well as any and all claims for attorney fees and costs of court. C. This Agreement is subject to approval of the City Council of the CITY OF SAN MARCOS, which is currently scheduled for July 14, 2003. D. The Parties agree that this Settlement and Release Agreement shall be enforceable by equitable relief, including specific performance, in the event of a breach, so that in such event DEFENDANT will be unable to assert any defense to suit or liability based upon sovereign immunity in order to preclude its obligations under this Agreement. 3.0 Further Consideration A. PLAiNTIFF shall remove the bus benches within 14 days after the CITY places settlement funds into the registry of the Court. B. PLAiNTIFF shall remove the bus shelters within 30 days after the CITY places the settlement funds into the registry of the Court. The CITY will authorize the release of the settlement payment from the court registry to the PLAiNTIFF only upon the completion of removal of all of the benches and shelters and the dismissal of the case. C. PLAiNTIFF shall dismiss the lawsuit with prejudice upon receipt of the settlement funds. D. The Temporary Restraining Order currently in place will be extended by agreement of the parties until July 30,2003, and will dissolve at that time. 4.0 Acknowledgment of Settlement Terms & Conditions A. In entering into this Settlement and Release Agreement, the PARTIES represent that the terms of this Settlement and Release Agreement are fully understood and voluntarily accepted by the PARTIES.