Reso 2010-1523 - Laserfiche WebLink

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..... Construction and the execution of the Demolition Contract, which document shall be executed subsequent to the parties execution of this Settlement Agreement. 7. The City and Gold Club further acknowledge and agree that, in connection with the Lawsuit, Gold Club shall amend its First Amended Complaint, without objection of the City, to delete and/or drop its current count alleging a governmental taking. 8. The City and Gold Club agree that each shall be responsible for payment of their own respective attorneys fees, costs and expenses incurred in connection with the Lawsuit. 9. No later, than two (2) business days after Gold Club's counsel of record's receipt of the funds described in Paragraph 3 of this Settlement Agreement, Plaintiff, Gold Club shall forwith and without further notice file and serve its Notice of Voluntary Dismissal of Second Amended Complaint With Prejudice ("Voluntary Dismissal of Complaint"). Gold Club shall furnish a true and correct copy of such Voluntary Dismissal of Second Amended Complaint to the City via facsimile immediately upon the filing thereof with the Court and thereafter by U.S. Mail. Upon providing the City, via facsimile, with a true and correct copy of an Order dismissing the Lawsuit as set forth herein, Plaintiff, Gold Club's counsel of record may disburse the settlement funds, but no sooner. Plaintiff shall also immediately serve the City with said Order via U.S. mail. 10. Gold Club and City agree that by entering into this Settlement Agreement each fully releases the other from and of any and all claims arising out of, related to, and/or connected with the Lawsuit that each rnay have against the other, whether or not raised in the Lawsuit, whether known or unknown, and whether contingent or not, excepting that nothing in this Settlement Agreement shall be construed or interpreted as a waiver or forfeiture, by Gold Club, Page 3 of9 ~