3.11 SR 10-18-2004 - Laserfiche WebLink

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1. Benn. Plaintiffs will construct on their property a benn that is approximately 18 to 36 inches high at the center from the existing grade with a total width at the base of nine feet consistent with the plan and in the area shown on the attached Exhibit A. The benn will be installed when weather pennits but no later than August 1,2005. The City shall have the right to inspect the benn to insure compliance with this Agreement and Plaintiffs shall correct deficiencies identified in the City's inspection. 2. Dismissal With Preiudice of Claims Against the Citv. Plaintiffs hereby agrees to dismiss their claims against the City with prejudice and to execute the release attached to this Agreement as Exhibit B. 3. Dismissal With Preiudice and With the Reservation of Certain Rights of Claims and Counterclaims between Plaintiffs and Windsor. Windsor hereby dismisses its counterclaims against the Plaintiffs with prejudice to the extent that they refer to any event happening or damage occurring prior to the date of this Settlement Agreement and Release. The Plaintiffs hereby dismiss their claims against Windsor with conditional prejudice subject to the explicit reservation, to which Windsor hereby specifically agrees for itself and for all related business entities or corporate successors, of the right to reinstate and re-sue such claims against Windsor, notwithstanding the expiration of any period prescribed by any statute of limitations, including but not limited to the two-year statute of limitations on claims for damage to property resulting from construction activities, but it is explicitlv agreed that such reinstatement and re-suit bv the Plaintiffs mav be brought as and only as a counterclaim against Windsor or any related business entity or corporate successor of Windsor. in the event Windsor or any related business entity or corporate successor of Windsor brings a claim or claims against the Plaintiffs for actions 3