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IRVINE, CITY OF (11)
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IRVINE, CITY OF (11)
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Last modified
9/5/2024 9:37:28 AM
Creation date
9/3/2024 2:57:26 PM
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Contracts
Company Name
IRVINE, CITY OF
Contract #
A-2011-067
Agency
Public Works
Council Approval Date
3/21/2011
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4. Amendment of Santa Ana General Plan. Santa Ana shall process a General <br />Plan Amendment, as necessary to accommodate the Roadway Improvement <br />(the "GPA"). The Parties acknowledge that as part of the GPA, Santa Ana may <br />alter its current designations for Dyer Road outside the area of the Roadway <br />Improvement. Irvine shall not object to any portion of the GPA that is consistent <br />with this Paragraph 4. Until Santa Ana amends its General Plan to <br />accommodate the Roadway Improvement, or certifies to Irvine that the Santa <br />Ana General Plan accommodates the Roadway Improvement, Irvine shall have <br />no obligation to fund the Roadway Improvement. <br />5. Covenant Not to Sue. Each Party, and its respective agents, officers, <br />employees, representatives and assigns hereby agrees and covenants that this <br />Agreement forever satisfies any past, present, or future claims which the Party, <br />and its agents, officers, employees, representatives or assigns had, has or may <br />have against the other Party or its agents, officers, employees, representatives, <br />and assigns arising out of the IBC Vision Plan, the 1992 Entitlements and the <br />1992 Agreement. Each Party hereto covenants not to file any future legal actions <br />of whatever kind or nature against the other Party regarding any claim in <br />connection with the IBC Vision Plan, the 1992 Entitlements and the 1992 <br />Agreement, whether such claim is known or unknown, suspected or <br />unsuspected, fixed or contingent. <br />6. Waiver of Civil Code Section 1542. With regard to matters arising from or related <br />to IBC Vision Plan, the 1992 Entitlements and/or the 1992 Agreement, each of <br />the Parties hereto expressly waives any and all rights that they may have under <br />Civil Code section 1542 ("Section 1542") or any Federal or State statutory right, <br />rules or principles of common law or equity or those of any other jurisdiction, <br />government or political subdivision thereof, similar to Section 1542 ("Similar <br />Provision"). Thus, no Party hereto may invoke the benefit of Section 1542 or any <br />Similar Provision in order to prosecute or assert in any manner any claim <br />released hereunder that arises from or relates to the IBC Vision Plan, the 1992 <br />Entitlements and/or the 1992 Agreement, Section 1542 provides that: "a general <br />
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