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ENVISION PROPERTIES, LLC.
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ENVISION PROPERTIES, LLC.
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Last modified
2/19/2019 8:23:44 AM
Creation date
2/1/2019 11:06:03 AM
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Contracts
Company Name
ENVISION PROPERTIES, LLC.
Contract #
N-2019-025
Agency
City Attorney's Office
Destruction Year
0
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Agreement. the Releasing Parties have or had acquired by the Releasing Parties against any of <br />the Released Parties, arising out of, concerning. pertaining to, or in any way connected to the <br />Settling Property Owners ownership and use of property in Santa Ana as a nuisance within the <br />meaning of Pend Code section 11225 er wit. or California Government Code or Santa Ana <br />Municipal Code. These released claims are collectively referenced herein as the "Claims.' <br />4. California Civil Code Section 1542 Waiver. With respect to the released Claims <br />set forth herein, the Settling Property Owners acknowledges that he has been advised by legal <br />counsel and is familiar with the provisions of California Civil Code Section 1542, which <br />provides as follows: <br />"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS <br />WTTICH THE CREDITOR DOES NOT KNOW OR SUSPECT <br />TO EXIST IN HIS OR ITS FAVOR AT TIIE TIME OF <br />EXECUTING THE RELEASE. WIRCH IF KNOWN BY HIM <br />OR HER MUST HAVE, MATERIALLY AFFECTED HIS OR <br />HER SETTLEMENT WITII THE DEBTOR." <br />THE SETTLING PROPERTY OWNERS. BEING AWARE OF SAID CODE <br />SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS THEY MAY HAVE <br />THEREUNDFR, AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAN' <br />PRINCIPLES OF SIMILAR EFFECT PERTATNING TO THE RELEASED CLAIMS. <br />The Parties, and each of them, represent and warrant to the other that they execute this <br />Agreement with full knowledge of any and all rights which they may have by reason of any of <br />the matters described herein and they have received herein. Each Party hereby further assumes <br />the risk of mistake of fact in connection with the true facts involved in connection witli the <br />matters described herein, and with respect to am• facts which arc now unknown to them relating <br />thereto, and agrees that this Agreement shall be in afl respects enforceable and not subject to <br />termination or rescission by any such difference in facts. <br />5. Successors and Assigns. This Agreement and all terms, conditions, and <br />obligations contained herein, including, but not limited to, the release of Claims set forth herein, <br />are binding upon and inure to the benefit of any assigns and successors -in -interest of the Parties. <br />Each of the Parties represents and warrants that none of the Claims or causes of action being <br />released herein has been transferred, assigned, or otherwise conveyed to any other person or <br />entity, and each of the Parties is the holder of the Claims being released. <br />6. Representations. Each Party further represents and warrants, as to itself, but not <br />as to any other Party, as follows: <br />(a) Each Party is the sole and lawful owner of all right, title, and interest in and to <br />every Claim and other matter that each such Party releases herein, and that each such Party has <br />not heretofore assigned or transferred, or purported to assign or transfer, to any person, firm. or <br />entitv any Claims or other matters herein released. <br />(b) Each Party has received or has had the opportunity to receive independent legal <br />Vage3 of <br />
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