RecDoc 2014-081417 ROW Improvement - 353 and 355 Alameda de las Pulgas

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4.2 Placement of Ri t-of-Way Improvements on Capital Improvement Pro�. City further agrees to place the Right-of-Way Improvements on the City's CIP within one year after Property Owners have met their Design Obligations, fund the remaining cost of the Right- of-Way Improvements not covered by the Construction Fee, and construct and install the Right- of-Way Improvements within five years of placement of the Right-of-Way Improvements on the City's CIP. Within 30 da.ys of completion of the installation of the Right-of-Way Improvements, City shall delivery a fmal accounting of the construction expenses for the Right-of-Way Ixnprovements. In the event the actual expenses were less than the Construction Fee paid, City shall refund Property Owners their proportionate share of the difference between the actual expenses and the Construction Fee paid. In the event City does not install the Right-of-Way Improvements within five years of placement of the Right-of-Way Improvements on the City's CIP, City will refund Property Owners the Construction Fees in full. ARTICLE 5 WAIVER AND RELEASE 5.1 Release, Waiver, and Covenant Not to Sue. City and Property Owners do hereby completely release, waive and forever discharge one another, their predecessors and successors-in-interest, heirs, assigns, past, present, and future, elected and appointed officials, employees, staff, principals, agents, officers or directors, managers, attorneys, insurers and all other persons or entities in any manner related thereto or acting on their behalf, from any and all claims, demands, actions, proceedings and causes of action of any and every sort, whether known or unknown, arising out of or relating to the Disputes. The Parties further covenant not to sue one another for claims, damages or other relief arising from or in any manner connected with the Disputes, and promise and agree that they will not file, participate in, or instigate the filing of any claims and/or causes of action in any state or federal court or any proceedings before any local, state, or federal agency, against the other arising out of the Disputes. 5.2 Release and Waiver of Unknown Claims. The Parties intend that the Waiver and Release set forth in this Article 5 to be and constitute a fizll general release and to constitute a full and fmal accord and satisfaction extending to all claims arising out of or relating to the Disputes, whether the same are known, unknown, suspected or anticipated, unsuspected or unanticipated. Accordingly, the Parties, by initialing below and signing this Agreement, certify that they have read, understand and expressly release and waive 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 BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. ATTY/AGR/2014.125/ROW IMPROVEMENT AGREEMENT—ALAMEDA DE LAS PULGAS REV:08-08-14 VR Page 6 of 16