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including, without limitation, any obligations for relocation assistance, relocation
<br />benefits, moving expenses, interest of any kind in the real estate and leasehold,
<br />loss of business goodwill, compensation for personal property (loss of inventory),
<br />furniture, fixtures and equipment, interest, attorney's fees, appraisal fees, or
<br />damages of any nature.
<br />(c) Tenant agrees to vacate the Property by no later than December 31, 2010 (Vacate
<br />Date).
<br />(d) Tenant hereby agrees that Agency may remove and dispose of any personal
<br />property or trash that has not been moved upon the Vacate Date, as it elects and
<br />desires, without any notice to Tenant.
<br />(e) Payment will be made for Relocation Expenses in the amount of $122,347.
<br />(f) Payment will be made for Leasehold Bonus Value and Loss of Business Goodwill
<br />in the amount of $157,653.
<br />(g) City has delivered to Owner an offer to purchase the Property under threat of
<br />eminent domain pursuant to Government Code Section 7267.2. Tenant and City
<br />now wish to enter into this Agreement in lieu of eminent domain proceedings.
<br />All payments hereunder and this transaction generally are made under said threat
<br />of eminent domain.
<br />2. Release
<br />(a) Nothing contained herein shall constitute a release or discharge by either party for
<br />any of the undertakings of the other party to this Settlement Agreement. This
<br />Agreement shall serve as a full release and discharge by the Parties, on behalf of
<br />themselves, their agents, representatives, assigns, trustees, administrators,
<br />attorneys, heirs, relatives, spouses, ex- spouses, beneficiaries, and successors in
<br />interest, in consideration of the mutual covenants and promises contained herein,
<br />of the Tenant, the City of Santa Ana, the City of Santa Ana Public Works Agency,
<br />and those parties' accountants, other professionals, agents, representatives,
<br />assigns, employees, administrators, trustees, insurers, attorneys, heirs,
<br />beneficiaries, and successors in interest (collectively the "Released Parties "), from
<br />all rights, claims or cross - claims, demands, actions, or causes of action, including
<br />those for damages, compensation, relocation assistance, relocation benefits, loss
<br />of goodwill, property interest, compensation for personal property (loss of
<br />inventory), furniture, fixtures and equipment, punitive damages, interest, costs,
<br />attorney's and appraisal fees, injunctive or declaratory relief, or for relief by way
<br />of writ of mandate, or for demands, damages, refunds, debts, liabilities,
<br />reckonings, accounts, obligations, costs, expenses, liens, actions, causes, and
<br />causes of action of whatever kind, at law or in equity, that the Parties have now or
<br />may have against any of the Released Parties arising from the facts and
<br />circumstances described in this Agreement including but not limited to (1) the
<br />acquisition of the Property by the Agency, (2) Tenant's leasehold interest, if any,
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