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<br /> 'i RELEASE AND SETTLEMENT AGREEMENT <br /> In consideration for $7,000, the receipt of which is hereby acknowledged, Terra Buono <br /> Properties III, LLC, and Clayton Walker, General Manager, do hereby release, quit, and forever <br /> discharge the City of Eugene and its employees, agents, successors, and assigns from any and all <br /> actions, causes of action, claims, demands, damages, costs, attorney fees, expenses and <br /> compensation arising from the contract described as the Street Tree Plan Agreement between Terra <br /> Buono Properties III,. LLC, Clayton Walker, General Manager, and the City of Eugene for the <br /> following property: Crescent Meadows Fourth Addition (dated February 18,1999). The Street Tree <br /> Plan Agreement to which this Release and Settlement Agreement pertains is attached hereto as <br /> Exhibit 1. <br /> It is understood that this is a release of a disputed claim and no admissions are made by entry <br /> into or performance of this Release and Settlement Agreement. It is also understood that the Release <br /> and Settlement Agreement by Terra Buono Properties III, LLC, and Clayton Walker, General <br /> Manager pertains only to the agreement attached as Exhibit 1. The parties agree that the <br /> representatives signing this Release and Settlement Agreement have actual authority to bind the <br /> respective entity or individual. <br /> This Release and Settlement Agreement constitutes the full agreement between the parties. <br /> TERRA BLJONO PROPERTIES, III, LLC CITY OF EUGENE <br /> y r <br /> Clayton Walker, General Manager Ci anager D6nni's M.1 Io~I' <br /> Dated: February <br /> , 2004 Dated: February ~ 2004 <br /> Clayton Walker, Individually <br /> Dated: February , 2004 <br /> ~~~~1~~~~~~` <br /> ~ _ y~ <br /> . <br /> <br />