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Last modified
1/3/2012 2:46:59 PM
Creation date
5/12/2006 3:23:38 PM
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Contracts
Company Name
Lee's Lawnmowers
Contract #
N-2000-062
Agency
Public Works
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<br />2. Waiver of All Claims. <br /> <br />a. Vacation of the Former Properties. Lee's Lawnmowers agrees <br />that it has previously vacated its business at the relocation sites, and further agrees <br />and warrants that as of this date it has completely vacated these properties and <br />returned possession thereof to the City. <br /> <br />b. Full and Complete Settlement. Lee's Lawnmowers hereby <br />acknowledges that the consideration paid to it pursuant to this Agreement <br />constitutes the full and complete settlement of any and all claims that Lee's <br />Lawnmowers has or may have against the City, its officers, employees or agents <br />relating to the City's acquisition of the relocation sites and by reason of the City's <br />participation in the widening of Bristol Street and Lee's Lawnmowers relocation to <br />2115 South Bristol Street, specifically including but not limited to relocation <br />benefits and/or assistance, and the property rights and interests so taken by the <br />City, which include but are not limited to all improvements, all improvements <br />pertaining to the realty, claims for loss of business goodwill, increased or lost rent, <br />severance damages, precondemnation damages, attorneys' fees, interest, costs and <br />any and all compensable interests or damages of any kind or nature which are in <br />any way related to the City's acquisition of the relocation sites or the relocation of <br />Lee's Lawnmowers. <br /> <br />c. Release. Lee's Lawnmowers, for itself, its agents, assigns and <br />related entities, fully releases without limitation the City, its officers, directors, <br />attorneys, and agents and all entities related to the City (including the City of Santa <br />Ana Community Redevelopment Agency) from all rights, claims, demands, <br />actions or causes of action which Lee's Lawmowers knows has or may have <br />against these released parties related in any way to the City acquisition of the <br />relocation sites or the relocation of Lee's Lawnmower. <br /> <br />d. Waiver of Unknown Claims. The parties hereto each hereby <br />knowingly, voluntarily and expressly waive its or their rights under Civil Code <br />Section 1542, which reads as follows: <br /> <br />A general release does not extend to claims which the <br />creditor does not know or suspect to exist in his favor at <br />the time of executing the release, which if known by him <br />must have materially affected his settlement with the <br />debtor. <br /> <br />- 3 - <br />
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