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<br /> (c) Tenant agrees to vacate the Property on or before May 31, 2011 or sixty days
<br /> after close of escrow for the Property, whichever occurs later ("Vacate Date").
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<br /> (d) Tenant hereby agrees that City 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 $70,000.
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<br /> (f) Payment will be made for Loss of Business Goodwill in the amount of $158,000.
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<br /> (g) Tenant agrees to pay monthly rent to City in the amount of $1,000 after close of
<br /> escrow for the Property.
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<br /> 2. Release
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<br /> (a) Nothing contained herein shall constitute a release or discharge by either party
<br /> for 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"),
<br /> from all rights, claims or cross-claims, demands, actions, or causes of action,
<br /> including those for damages, compensation, relocation assistance, relocation
<br /> benefits, loss of goodwill, property interest, compensation for personal property
<br /> (loss of inventory), furniture, fixtures and equipment, punitive damages, interest,
<br /> costs, attorney's and appraisal fees, injunctive or declaratory relief, or for relief by
<br /> way 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
<br /> or 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 City, (2) Tenant's leasehold interest, if any, in
<br /> the Property (or any portion thereof) or (3) any other right or interest Tenant may
<br /> have, assert, or claim by reason of City's actions or failure to act, including, but
<br /> not limited to, any claim to relocation assistance, relocation benefits or
<br /> compensation for property or loss of goodwill from the City.
<br /> (b) In making this release, the Parties intend to and do release, acquit and discharge
<br /> the Released Parties, and each of them, from any liability of any nature
<br /> whatsoever for any claim, injury, damages, or equitable or declaratory relief of
<br /> any kind, whether the claim, or any facts on which such claim might be based, is
<br /> known or unknown to the party possessing the claim. Each party expressly
<br /> acknowledges and waives any and all rights under Section 1542 of the California
<br /> Civil Code, which the Parties understand provides as follows:
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