{Converted to text using OCR by JM}


RELEASE OF ALL CLAIMS

 

            For and in consideration of the granting of a special use permit (Special Use Permit No. 2011-010) by STOREY COUNTY to THOMAS S. TAORMINA and MIDGE A. TAORMINA (hereinafter referred to as "TAORMINAS") for the installation and construction of antenna structures on the property owned by the TAORMINAS in STOREY COUNTY, NEVADA, the conditions of which are attached hereto as Exhibit 1, the TAORMINAS do hereby release, acquit and forever discharge STOREY COUNTY, and each, every, and all of their past and present officers, administrators, agents, servants, employees, representatives, successors and assigns, who maybe subject to liability arising out of any action taken or not taken by STOREY COUNTY, its Planning Commission, Board of County Commissioners, officers, employees, or agents regarding TAORMINAS' applications for special use permits and building permits relating in any way to the use of the TAORMINAS' property for the installation, construction, and maintenance of antenna support structures on TAORMINAS' property from the time that TAORMINAS first took possession of said property until the present. Said release shall be of and from any and all actions (including indemnity and contribution), causes of action, claims, demands, costs, expenses, and without limitation to the foregoing, any and all claims or causes of action whatsoever existing on behalf of the undersigned, either directly or indirectly, on account of or in any way growing out of or connected with any or all known or unknown causes of action, claims, demands, damages, losses or liabilities of whatsoever character, without limitation to the foregoing, resulting from the acts of STOREY COUNTY, its Planning Commission, Board of County Commissioners, officers, employees, or agents relating to applications for special use permits and building permits to construct, install, or maintain said antenna support structures.


 

            Without limiting the effect of this release, it is understood and agreed that this release includes all claims for relief and causes of action averred in that certain lawsuit filed with the United States District Court for the District of Nevada, entitled "THOMAS S. TAORMINA and MIDGE A. TAORMINA, Plaintiffs, vs. STOREY COUNTY, NEVADA, Defendant," and bearing Case No. 3:11-CV-00645-RCJ-VPC.

 

            The undersigned expressly understands that the damages sustained are uncertain and indefinite in that all of the damages or losses may not be fully known and they may be more numerous or more serious than now expected.

 

            In making this release and agreement, it is understood and agreed that the undersigned specifically warrant and represent that in so doing, they have been fully advised of their rights to seek legal representative of their own selection, and that they are fully familiar with all of the circumstances surrounding the claims that they have raised in the above-referenced case. In executing this release, the undersigned do so relying wholly upon their own judgment after having the opportunity to seek the advice of counsel of their own independent selection, and that their decision has in no way been influenced whatsoever by any representation or statement of any kind regarding the matters set forth herein, or any other matter made by any individual or other representative of STOREY COUNTY.

 

            It is understood that this settlement is a compromise of a disputed claim, and that the granting of the special use permit with the conditions attached hereto as Exhibit I is not to be construed as any admission or acknowledgment of liability whatsoever on the part of any individual, person, agent, servant, employee or representative of STOREY COUNTY, and that

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liability by STOREY COUNTY or any person, including its past and present officers, employees, agents, or other representatives is expressly denied.

 

            The undersigned further covenant and agree that this release is a settlement in good faith, with full knowledge of the facts and circumstances which have given rise to their claims against STOREY COUNTY, and that this release contains the entire agreement between the parties hereto. No promise or inducement other than herein set forth has been made, offered or agreed upon.

 

            This release contains the entire agreement between the parties hereto, and the terms of this release are contractual, and not a mere recital. The undersigned further declare that this entire release has been carefully read, that the contents thereof are fully known and understood, that the same is signed as the free and voluntary act of the undersigned, and that it is the express intention of the undersigned to waive, release and discharge any and all claims or causes of action of whatsoever character against the parties heretofore defined and delineated, and each, every and all of their agents, servants, employees, representatives, successors and assigns, and to be fully and legally bound hereby.

 

            WITNESS the hand of the undersigned this 27 day of June, 2012.

 

            THOMAS S. TAORMINA

 

KATHY L. ROSE

Notary Public

State of Nevada

Appt. No. 09-9211-2

My Appt. Expires Feb. 13, 2013

 

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            MIDGE A. TAORMINA

 

 

STATE OF NEVADA      )

                                          :SS

COUNTY OF WASHOE )

 

            On this 27 day of June, 2012, personally appeared before me, the undersigned Notary Public, THOMAS S. TAORMINA and MIDGE A. TAORMINA, known to me or proved to me to be the persons mentioned in the above and foregoing Release of All Claims, and who acknowledged to me that they executed the same for the uses And purposes therein mentioned.

 

NOTARY PUBLIC

KATHY L. ROSE

Notary Public

State of Nevada

Appt No. 09-9211-2

My Appt. Expires Feb, 13, 2013

 

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Exhibit 1 is the SUP approved by the Board of Commissioners at the May 21 meeting and is in Document 34 which the Court signed-off on.