Resolutions-2025-010

Iowa Code § 6B. 33 ( 00 check shall be made out to both Clint Rarick and the 2023). The $ 525, Trust. 5. Grade Issues at Sand HiII Property: Tiffin and the Trust agree to address the grade issues at Sand Hill, which is the Trust property adjacent to a parcel owned by Tiffin. 6. Dismissal of Lawsuits. Coralville, Tiffin, Clint Rarick and the Trust shall file the Joint Dismissals with Prejudice attached hereto as Exhibit B upon execution of this Settlement Agreement and securing of the easements outlined in Paragraph 3 above. 7. General Release. Each Party ( on its own behalf and by and for all of its elected officials, officers, employees, consultants, agents, trustees, and successors) hereby irrevocably and unconditionally releases, acquits and forever discharges the other Parties of and from any and all subrogation, indemnification, debts, accounts, liabilities, attorneys fees, obligations, duties, fines, taxes, expenses, losses, damages, Settlement Agreements, causes of action, suits, proceedings, claims and demands of whatever type or nature whatsoever, whether at law or in equity, and whether presently known or unknown, which such Party ever had, now has, claims to have had, now claims to have, or hereafter can, shall or may claim to have, for or by reason of any act, omission, cause, matter, circumstance or thing whatsoever occurring or otherwise arising, in whole or in part, on or at any time prior to the Settlement Date and in any way arising from, related to or connected with the Tiffin Forevergreen Road Project ( collectively, the " Released Matters").This Settlement Agreement covers all injuries and damages that may hereafter appear or develop arising from or relating to the Released Matters. Notwithstanding the foregoing, the Released Matters do not include the obligations of the parties under this Settlement Agreement. 8. Covenant Not to Sue. In furtherance of Section 7 above, the Parties further agree, promise and covenant that none of them, nor any person, organization or any other entity acting on their behalf, or any successor or assignee of any Party, will file, charge, claim, sue or cause or permit to be filed, charged or claimed, any action for damages or other relief ( including injunctive, declaratory, monetary relief or otherwise) against any other Party involving any Released Matter. In the event that any Party sues any other Party to this Agreement related to the Released Claims in Section 7, that Party explicitly agrees to indemnify, defend, and hold the other Party harmless from and against any and all claims, demands, losses, damages, costs, and expenses, including but not limited to court costs, fines, penalties, and reasonable attorneys' fees, judgments, liabilities,