ADMINISTRATIVE FEE DISPUTE - Laserfiche WebLink

obligations, actions, causes of action, subrogation rights, reimbursement rights, damages, costs, losses of services, expenses and compensation of any nature whatsoever, whether based on a tort, contract, or any other theory of recovery, which said parties now have, or which may hereafter accrue or otherwise be acquired or asserted on account of, or may in any way grow out of the Administrative Fee Dispute, including, without limitation, any and all known or unknown claims for damages, tax or fee refunds, interest, breach of contract, or any and all known or unknown claims for subrogation and/or reimbursement which have resulted or may result from the alleged acts or omisssiols of the County, its elected or appointed officials, officers, employees. agents, administrators, successors or assigns related to the Administrative Fee Dispute. This release shall be a fully binding and complete settlement between the parties. 2.2 It is understood and agreed to by the parties hereto that this settlement is not to he construed as an admission of liability on the part of County, by whom liability is expressly denied and that this Agreement is entered into solely to resolve the Administrative Fee Dispute and avoid the time and expense of litigation. 2.3 The City acknowledges and agrees that the release and discharge set forth above is a general release and expressly waives any and all claims fin damages related to the Administrative Fee Dispute which exist as of this date. The parties further agree they have agreed to exchange payment of the sum specified herein as a complete compromise of matters involving disputed issues of law and fact and mutually assume the risk that the facts or law may be other than they believe and which facts, if known, would materially affect their decision to enter into this Settlement Agreement. The parties hereby acknowledge and expressly waive any and all rights based upon the provisions of California Civil Code Section 1542. which reads as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affecred his or her settlement with the debtor." 3.0 Payment In consideration of the release set forth above, the County agrees that the City shall retain the warrant issued by the Auditor on April 26, 2013, in the amount of 5242.979.00 and that, in the form of an additional County-issued warrant, within thirty (30) calendar days after the Effective Date of this Settlement Agreement, the County shall pay City an additional sum in the amount of$247,480.00. seat EM11F r AGREEMENT AND RELEASE Parties approve this Nigh: o- Cc writ' City