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that the settlement amount and terms are not intended or <br />deemed to be an admission of the fair market value of the <br />subject property° <br /> <br /> THE PARTIES AGREE AS FOLLOWS: <br /> <br /> 1. The parties agree that Recitals A through F, <br />above, are incorporated herein and made a material part <br />of this Agreement. <br /> <br /> 2. To settle the Condemnation action and the mandate <br />action, the parties agree, in addition to the other terms <br />of this Agreement, as follows: <br /> <br /> A. Owners and City shall sign and file in <br /> <br /> Court a Stipulated Judgment in Condemnation for <br /> condemnation of the subject property for use <br /> as a public street (as defined in Subparagraph 2.C <br /> below) in standard form to be mutually agreed <br /> upon between City and Owners reflecting the <br /> appropriate terms of this Agreement and further <br /> reflecting the additional terms contained in <br /> Exhibit "D" attached hereto and incorporated <br /> herein by reference. <br /> <br /> B~ Consistent with Exhibi~ "D" to this Agreement, <br /> City shall pay Owners the sum of Two Hundred Thousand <br /> Dollars ($200,000.00) in cash (or certified check, <br /> at Owners' discretion), simultaneously with the <br /> happening of the following three events: (1) filing <br /> <br />-4- <br /> <br /> <br />