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• 1.06_ The Owner will continue to occupy the Subject Property until a replacement <br />telecommunications facility is constructed on the Relocation Site, the replacement facility is put <br />into service, and the existing Telecommunications Facility on the Subject Property is turned off. <br />1.07. The Owner has claimed significant damages as a result of the taking of the <br />Subject Property and the need to relocate the Telecornznunications Facility to the Relocation Site_ <br />However, the Owner has agreed to accept the amounts provided for in this Agreement in <br />settlement of its claims against the City for damages and relocation benefits and the City and <br />Owner desire that this Agreement describe the terms of said settlement. <br />U. AGREEMENT <br />NOW, THEREFORE, in consideration of the premises, their mutual promises and other <br />good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, <br />0 the parties hereto hereby agree as follows: <br />• <br />2.01. Incorporation of Recitals. The foregoing recitals are made a part of this <br />Stipulation. <br />2,02_ Settlement Amount_ The City and Owner agree: <br />a_ that the Lease and all rights of Owner pursuant thereto shall be <br />extinguished as of June 30, 2009; and <br />b. the City and Owner hereby settle all claims of the Owner with respect to <br />the acquisition of Owner's interests in the Subject Property for the amount provided for <br />in Exhibit D to this Agreement (the "Settlement Amount"), which includes all amounts <br />due and owing for just compensation, the Owner's going concern claim, costs and <br />disbursements, appraisal and attorney fees, interest, and relocation benefits to which <br />3 <br />