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7.2.D. - Page 22 <br /> Hetchy pursuant to conditions of approval for the pre - zoning/annexation and the subdivision <br /> approval. <br /> 4.2 Placement of Right -of -Way Improvements on Capital Improvement Program. <br /> City further agrees to place the Right -of -Way Improvements on the City's CIP within one year <br /> after Property Owners have met their Design Obligations, fund the remaining cost of the Right - <br /> of -Way Improvements not covered by the Construction Fee, and construct and install the Right - <br /> of -Way Improvements within five years of placement of the Right -of -Way Improvements on the <br /> City's CIP. Within 30 days of completion of the installation of the Right -of -Way Improvements, <br /> City shall delivery a final accounting of the construction expenses for the Right -of -Way <br /> Improvements. In the event the actual expenses were less than the Construction Fee paid, City <br /> shall refund Property Owners their proportionate share of the difference between the actual <br /> expenses and the Construction Fee paid. In the event City does not install the Right -of -Way <br /> Improvements within five years of placement of the Right -of -Way Improvements on the City's <br /> CIP, City will refund Property Owners the Construction Fees in full. <br /> ARTICLE 5 <br /> WAIVER AND RELEASE <br /> 5.1 Release, Waiver, and Covenant Not to Sue. <br /> City and Property Owners do hereby completely release, waive and forever discharge one <br /> another, their predecessors and successors -in- interest, heirs, assigns, past, present, and future, <br /> elected and appointed officials, employees, staff, principals, agents, officers or directors, <br /> managers, attorneys, insurers and all other persons or entities in any manner related thereto or <br /> acting on their behalf, from any and all claims, demands, actions, proceedings and causes of <br /> action of any and every sort, whether known or unknown, arising out of or relating to the <br /> Disputes. The Parties further covenant not to sue one another for claims, damages or other relief <br /> arising from or in any manner connected with the Disputes, and promise and agree that they will <br /> not file, participate in, or instigate the filing of any claims and/or causes of action in any state or <br /> federal court or any proceedings before any local, state, or federal agency, against the other <br /> arising out of the Disputes. <br /> 5.2 Release and Waiver of Unknown Claims. <br /> The Parties intend that the Waiver and Release set forth in this Article 5 to be and constitute a <br /> full general release and to constitute a full and final accord and satisfaction extending to all <br /> claims arising out of or relating to the Disputes, whether the same are known, unknown, <br /> suspected or anticipated, unsuspected or unanticipated. Accordingly, the Parties, by initialing <br /> below and signing this Agreement, certify that they have read, understand and expressly release <br /> and waive the provisions of California Civil Code section 1542, which reads as follows: <br /> A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH <br /> THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS <br /> OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, <br /> WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY <br /> AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. <br /> ATTY /AGR/2014.125/ ROW IMPROVEMENT AGREEMENT— ALAMEDA DE LAS PULGAS <br /> REV: 07 -21 -14 VR <br /> Page 6 of 15 <br />