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MAIN STATE, LLC
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MAIN STATE, LLC
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Last modified
8/16/2019 10:20:26 AM
Creation date
8/16/2019 10:12:45 AM
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Contracts
Company Name
MAIN STATE, LLC
Contract #
N-2019-147
Agency
CITY ATTORNEY'S OFFICE
Destruction Year
0
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TERMS OF SETTLEMENT AGREEMENT <br />The terms and conditions of the Settlement are provided herein. <br />2. Fines, Fees. and Abatement Costs. In consideration for the final settlement of this <br />matter, and in accordance with the terms of this Agreement, Property Owner stipulates and <br />agrees to pay the City a total of Forty -One Thousand, Five Hundred U.S. Dollars ($41,500.00) in <br />fines, fees, and abatement costs ("Settlement Payment"). The $41,500.00 settlement payment <br />shall made payable to the City within forty-five (45) days of the execution of this Settlement <br />Agreement. The Settlement Payment shall be made to "City of Santa Ana" as follows: City of <br />Santa Ana, Santa Ana City Attorney's Office, 20 Civic Center Plaza, M29, P.O. Box 1988, Santa <br />Ana, California 92702. <br />A. Further Action. Upon execution of this Agreement, City shall request the <br />removal of all security doors and screens on the Property. Property Owner shall be responsible <br />for all permits and rehabilitation required to return the property to compliance within a <br />reasonable time period. <br />3. California Civil Code Section 1542 Waiver. With respect to the released Claims <br />set forth herein, the Property Owner acknowledges that he has been advised by legal counsel and <br />is familiar with the provisions of California Civil Code Section 1542, which provides as follows: <br />"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS <br />WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT <br />TO EXIST IN HIS OR ITS FAVOR AT THE TIME OF <br />EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR <br />HER MUST HAVE MATERIALLY AFFECTED HIS OR HER <br />SETTLEMENT WITH THE DEBTOR." <br />THE PROPERTY OWNER AND CITY, BEING AWARE OF SAID CODE SECTION, <br />HEREBY EXPRESSLY WAIVE ANY RIGHTS THEY MAY HAVE THEREUNDER, AS <br />WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF <br />SIMILAR EFFECT PERTAINING 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 the <br />matters described herein and they have received herein. Each Party hereby further assumes the <br />risk of mistake of fact in connection with the true facts involved in connection with the matters <br />described herein, and with respect to any facts which are now unknown to them relating thereto, <br />and agrees that this Agreement shall be in all respects enforceable and not subject to termination <br />or rescission by any such difference in facts. <br />4. Notwithstanding the provisions of Civil Code section 1542, each Party hereby <br />irrevocably and unconditionally releases and forever discharges each other Party and each and <br />all of its officers, agents, directors, supervisors, employees, representatives, and its successors <br />Page 2 of 7 <br />
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