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<br />.. <br /> <br />Settlement Agreement <br />Page 2 of9 <br /> <br />2. Vacation Date <br /> <br />Tenant and Owner shall vacate the Property on or before December 31, 2005, <br />unless a written extension is granted by the City. <br /> <br />3. Vacation of the Property <br /> <br />(a) As of the Vacation Date, Tenant and Owner shall have all its <br />removable personal property, trade fixtures, furniture and equipment <br />removed from the Property. <br /> <br />(b) Upon the Vacation Date, Tenant hereby transfers any right, title and <br />interest in the Property, the Lease and fixtures and equipment remaining <br />on the Property to City, and warrants all to be free and clear from any liens <br />or encumbrances, including any refrigerants or any other toxic or <br />hazardous materials, which shall have been removed and disposed of in <br />accordance with applicable regulations. <br /> <br />4. Conveyance ofInterest in Real Property and Improvements Pertaining to Realty <br /> <br />a) Tenant hereby warrants and certifies that Tenant is not the owner of <br />certain Improvements Pertaining to Realty, attached to this agreement as <br />Exhibit "B", and made a part hereof. <br /> <br />b) Tenant hereby warrants and certifies that no document has been sigoed <br />by or on behalf of the Tenant for the purpose of creating any lien, <br />encumbrance or security interest in any of the items of Improvements <br />Pertaining to Realty included in this Agreement, and that the Tenant does <br />not know of any claim of lien or encumbrance therein, EXCEPT: for <br />instance, a) trust deeds secured by said items, duly recorded; b) personal <br />property taxes. <br /> <br />c) Tenant shall execute and hand City a Bill of Sale, conveying all of <br />Tenant's interest in and to those certain items oflmprovements Pertaining <br />to Realty shown in Exhibit "B", free and clear of all recorded and <br />unrecorded encumbrances, liens, assessments, leases and taxes, on or <br />before the Vacation Date. <br /> <br />d) Tenant agrees to execute a Quitclaim Deed, within 30 days after both of <br />the Parties have executed this agreement, in favor of City, relinquishing, <br />releasing and forever quitclaiming all right, title and interest in and to the <br />