Agmt 2010 Mercy Housing California XXXIII LP etc

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r • AGREEMENT AND RELEASE OF CLAIMS BY AND BETWEEN THE CITY OF SAN LEANDRO, MERCY HOUSING CALIFORNIA XXXIII LP, AND GIRLS, INC. This Agreement and Release of Claims (this "Agreement") is entered into and made effective this ~~day of , 2010 (the "Effective Date"), by and between the City of San Leandro, a municipal corporation, u~ganized and existing under the laws of the State of California (the "City"), Mercy Housing California XXXIII LP, a California limited partnership ("Mercy"), and Girls, Inc., a California non- profitcorporation ("Girls"). City, Mercy and Girls are individually referred to as a "Party" and collectively referred to as the "Parties." RECITALS WHEREAS, Girls, Inc. operates its program located at 13666 East 14th Street, San Leandro, CA ("Girls Property"); and WHEREAS, Mercy is the operator of the Casa Verde property located at 2394 East 14th, San Leandro, CA ("Mercy Property"), which is adjacent to the Girls Property; and WHEREAS, the Mercy Property and the Girls Property share a common boundary line wherein water in s~io~ seeped onto and into the Girls Property, causing water damage to Girls Property on or about ~C.T . , 2009 ("Water Intrusion Damage"), the cause of which is disputed between the Parties; and WHEREAS, Girls filed a claim with Mercy for reimbursement of Girls' expenses to repair the Water Intrusion Damage to the Girls Property, which was denied by Mercy's commercial liability carrier on December 31, 2009, such that Girls now looks to the City and Mercy for payment to reimburse Girls for its costs to repair the Water Intrusion Damage; and WHEREAS, the City has proposed, and Parties have negotiated, a resolution of the above- referenceddispute and payment to reimburse Girls to repair the Water Intrusion Damage, as set forth in more detail herein. NOW, THEREFORE, in consideration of the risks and costs attendant in litigating the foregoing dispute, the Parties have agreed to resolve and compromise all disputes between them that are in any way related to the water intrusion damage on the terms set forth below. Section 1 Pavment to Girls for Water Intrusion Damage. 1.1 Water Intrusion Damage Reimbursement by Mercv and City to Girls. Within ten (10) business days following the Effective Date, Mercy shall pay to Girls by good check thirteen thousand one hundred seventy-seven dollars eighty-one cents ($13,177.81) for reimbursement of Girls' costs to repair the Water Intrusion Damage, the costs of which are as shown in Exhibit A attached hereto and incorporated herein. The Parties agree that the costs shown in Exhibit A are the total costs, and that no other costs other than those in Exhibit A are the subject of this Agreement. 1.2 Pavment is the Singular Responsibility of Mercv. The Parties acknowledge that the payment mentioned herein is the singular responsibility of Mercy. The Parties agree that the obligation to 1434123.1 Agreement and Release of Claims Girls, Inc. water intrusion damage claim