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2. This Agreement is subject to execution by the CITY and shall become binding
<br />and effective as of the date of said execution,
<br />3. CITY will pay to the Business Owners one lump sum payment in the amount of
<br />Three Hundred Eighty-Two Thousand Dollars and no cents ($382,000.00) in full and final settlement
<br />of any and all claims of the Business Owners relating to CITY's acquisition of the Subject Property,
<br />relocation of the Business and the construction and use of the Project in the manner proposed.
<br />4. The payment referenced in the preceding paragraph shall be made by check or other
<br />negotiable instrument payable to Sage Restaurant Group, LLC on or before April 30, 2013.
<br />5. As consideration of the compensation to be paid under this Agreement, the
<br />Business Owners release CITY in the manner described in paragraph 8 below for all matters set
<br />forth therein.
<br />6. As further consideration of the compensation to be paid under this Agreement, the
<br />Business Owners agree to vacate and surrender to CITY the Leased Premises on or before April 30,
<br />2013. The Parties agree that CITY has the right to immediately remove all persons, obstacles,
<br />improvements, or structures of every kind or nature situated on the area of the Leased Premises
<br />beginning May 3, 2013.
<br />7. The Parties further agree that (assuming all compensation referred to herein has
<br />been paid) in the event the Business Owners do not vacate the Leased Premises on or before
<br />April 30, 2013, CITY shall be entitled to appear in the Orange County Superior Court on an ex
<br />parte basis, without further notice to the Business Owners, to secure an immediate writ of
<br />possession of the Leased Premises under California Code of Civil Procedure section 712.010.
<br />The Business Owners do not object to the entry of an ex parte order granting CITY an
<br />immediate writ of possession of the Leased Premises under Code of Civil Procedure section
<br />712.010 after May 3, 2013 (assuming CITY has fulfilled its obligation by paying the full
<br />settlement amount as set forth in paragraph 4, above).
<br />Release. The Business Owners, collectively and individually, for and in
<br />consideration of the covenants made by CITY and compensation received under this Agreement, do
<br />hereby for themselves, and each of their heirs, executors, administrators, successors, assigns and
<br />partners, release, acquit and forever discharge CITY and each of its administrators, successors,
<br />predecessors, assigns, partners, officers, directors, agents, servants, attorneys, employees, affiliates,
<br />sureties, and representatives (collectively "Releasees") from any and all rights, claims, warranties,
<br />demands, debts, obligations, liabilities, actions, damages, costs, expenses and other claims
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