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,OCT. -(Uc1. D. LUU41: y: USNIVI & g TEL:948-4979 IND. UIJ4 r, 1p, 006
<br /> S. The Parties agree that if Landowners file and serve thi;request described
<br /> in the preceding section that they will proceed with the trial of the Utwsuits,determining
<br /> both the right to take and just componsation for the acquisition, damages to the
<br /> remainder, and just compensation for the use and occupation of the property from.Tilly 1,
<br /> 1997 to October 1,2001. In the event District abandons its Second Action upon
<br /> Landowners'resumption of the trial of the Lawauits,District will remove all
<br /> improvements and Toturn the subject property to its original condition.
<br /> 9. It is further agreed by and between the Parties that should this matter
<br /> returned to the trial court fbr a trial of the issues of the right to take and just
<br /> eomponsation,that the date of valuation for the First Action shall be the term frotn July 1,
<br /> 1997 to October 1,2001 for the use and occupation of the property, :end that the date of
<br /> valuation for the acquisition of property and any damages to the remainder in the Second
<br /> Action shall be July 19, 2001,
<br /> 10, The Parties agree that each side shall bear its own attorney's foes,
<br /> litigation expenses,costs and any other surae expended related to the Lawsuits, and that
<br /> part of the consideration for this agreement is a waiver and release by Landowners of any
<br /> and all compensation or damages for any use or possession of the Subject Property by
<br /> District or any other interference with any other property interests of landowners.
<br /> 11. It is the intention of the Parties that this Agreement be enforceable
<br /> pursuant to Code of Civil Procedure § 664.6.
<br /> 12, The Parties further agree at this time that they will waive any rights to
<br /> dismissal of either of the Lawsuits under Code of Civil Procedure§§ 583310,583.410,
<br /> 583.420 or any other statute requiring dismissal due to the passage o Ftime and agree that
<br /> all such time periods shall be tolled for a period of two years atter tht:request to return to
<br /> trial described above is served and filed.
<br /> 13. Should the two year period or other period described in Section 7 above
<br /> for seeking approvals expire and Landowners do not request a return to the court, as
<br /> described above,the terms of this Agreement shall be fully enforceable except for the
<br /> waiver and release of the condition of approvals and the right to return to court for trial of
<br /> the issues. In the event the Landowners do not seek return to court as described herein,
<br /> the Parties hereby release and forever discharge each other, and their respective current
<br /> and former servants,agents, directors,officers, employees, shareholders,parent
<br /> corporatiotrs,subsidiaries,related companies, assigns,insureds,insurars and attorneys,
<br /> successors or predecessors in interest, of and from any and all claims and demands of
<br /> every kind and nature,in law,equity or otherwise,known or unlmomn,suspected or
<br /> unsuspected,disclosed or undisclosed,whether in tort, contract (express or implied),or
<br /> otherwise, for damages actual and consequential.past,present and future, arising out of
<br /> or in anyway related to those matters set forth in the Recitals to this agreement, or any
<br /> matter that was alleged or could have been alleged in any of the pleadings related to the
<br /> 4
<br /> 368557.6
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