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RDA Agmt 2001 FH Dailey Motor Company (2)
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RDA Agmt 2001 FH Dailey Motor Company (2)
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6/6/2016 3:55:54 PM
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6/6/2016 3:55:54 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
10/2/2001
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PERM
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RDA Reso 2001-013
(Approved by)
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\City Clerk\City Council\Resolutions\2001
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• • <br /> SETTLEMENT AGREEMENT <br /> This Settlement Agreement and Mutual Release ("Agreement") is made and entered into by SAN <br /> LEANDRO REDEVELOPMENT AGENCY("the Agency")and F. H. DAILEY MOTOR COMPANY("Dailey")to <br /> resolve the disputes between them as set forth in the pleadings filed in Alameda County Superior Court Case <br /> No. H215595-1 ("the Action"), later consolidated into Alameda County Superior Court Case No. H215592-4. <br /> In consideration for the performance of the terms and conditions of this Agreement,the parties to this <br /> Agreement have agreed as follows: <br /> 1. Dailey shall, simultaneous with the execution of this Agreement, execute the Owner <br /> Participation Agreement attached as Exhibit"A" hereto. <br /> 2. This Agreement, including the Owner Participation Agreement attached hereto, is effective <br /> and binding only when formally approved by the Agency,whose formal approval shall be issued no later than <br /> September 17, 2001. If the Agency fails to approve this Agreement on or before September 17, 2001, this <br /> Agreement (including the attached Owner Participation Agreement) shall be deemed void ab initio, as if it <br /> and/or they had never been made. <br /> 3. Within 7 days from the date of the Agency's formal approval of this Agreement, the Action <br /> shall be dismissed, in its entirety, with prejudice. Each party to this Agreement shall bear its own respective <br /> costs of suit, including attorneys fees, incurred in the Action. In this regard, in addition to its own fees and <br /> costs, the Agency shall be solely responsible for attorneys fees and costs incurred by Anthony Batarse, Jr., <br /> The Batarse Family Trust, or any other person or entity affiliated with either of them ( "Batarse"). If Batarse <br /> makes any claim against Dailey in connection with Batarse's costs and fees related to and/or connected with <br /> the Action, the Agency shall defend, indemnify, and hold Dailey harmless therefrom. <br /> 4. Dailey expressly waives any and all claims each may have for all or part of the deposits of <br /> 1 <br />
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