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POMEROY, WILLIAM & GOCHICOA, AVELINO & STELLA 2 -2005
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POMEROY, WILLIAM & GOCHICOA, AVELINO & STELLA 2 -2005
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Last modified
1/3/2012 2:21:19 PM
Creation date
10/6/2005 9:06:48 AM
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Contracts
Company Name
William Pomeroy & Avelino & Stella Gochicoa
Contract #
A-2005-168
Agency
Public Works
Council Approval Date
6/20/2005
Expiration Date
7/20/2005
Destruction Year
2010
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<br />" <br /> <br />. <br /> <br />Settlement Agreement <br />Page 3 of9 <br /> <br />real property described in Exhibit "A", attached hereto and made a part <br />hereof, as well as quitclaiming all interest in any Improvements Pertaining <br />to said Realty in and on the property commonly referred to as 117, 119, & <br />123 S. Bristol, Santa Ana, CA. Recordation of any documents through <br />this transaction is authorized by Tenant, if necessary and proper. <br /> <br />5. Release <br /> <br />(a) Tenant and Owner, for itself, its agents, assigns and related entities, <br />fully releases, acquits and discharges City, and the officers, directors, <br />employees, attorneys, accountants, other professionals, insurers and agents <br />of City (collectively "Agents") and all entities related to City, from all of <br />their rights, claims, demands, actions or causes of action for payment for <br />loss of business goodwill, leasehold interests and compensation for <br />personal property, as related to the Property <br /> <br />(b) This release is intended as a full and complete release and discharge <br />of any and all such claims that Tenant and Owner mayor might have <br />against City and its agents or related entities arising from the facts and <br />circumstances described above in this Agreement. In making this release, <br />Tenant and Owner intend to release City, its related entities and Agents <br />from any liability of any nature whatsoever for any claim or injury or for <br />damages or equitable or declaratory relief of any kind, whether the claim, <br />or any facts on which such claim might be based, is known or unknown to <br />the party possessing the claim. Tenant and Owner expressly waive all <br />rights under Section 1542 of the Civil Code of the State of California, <br />which provides as follows: <br /> <br />A general release does not extend to claims which the creditor <br />does not know or suspect to exist in his favor at the time of <br />executing the release. which if known by him must have materially <br />affected his settlement with the debtor. <br /> <br />(c) Tenant and Owner acknowledge that it may hereafter discover <br />facts or law different from or in additional to those which it now <br />believes to be true with respect to the release of claims. Tenant <br />and Owner agree that the foregoing release shall be and remain <br />effective in all respects notwithstanding such different or <br />additional facts or law or any party's discovery thereof. Tenant <br />and Owner shall not be entitled to any relief in connection <br />herewith, including, but not limited to any damages or any right or <br />claim to set aside or rescind this Agreement <br />
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