furniture, fixtures and equipment, interest, attorney's fees, appraisal fees, or
<br /> damages of any nature.
<br /> (c) Tenant agrees to vacate the premises by no later than July 31, 2010 (Vacate Date).
<br /> Should Tenant remain in occupancy beyond the Vacate Date, a Two Hundred
<br /> Fifty Dollar ($250) per day penalty will be deducted from Tenant's Settlement
<br /> Payment, for each day of occupancy beyond the Vacate Date unless a written
<br /> z•equest for an extension has been submitted and consequently approved by the
<br /> Agency or its Agents.
<br /> (d) Tenant hereby agrees that Agency may remove and dispose of any personal
<br /> property or trash that has not been moved upon the Vacate Date, as it elects and
<br /> desiz•es, without any notice to Tenant.
<br /> (e) Payment will be made for Relocation Expenses in the amount of $37,550.
<br /> (f) Payment will be made for Loss of Business Goodwill and Leasehold Bonus Value
<br /> in the amount of $187,450.
<br />
<br /> 2. Release
<br /> (a) Nothing contained herein shall constitute a release or discharge by either party for
<br /> any of the undertakings of the other party to this Settlement Agreement. This
<br /> Agreement shall serve as a full release and discharge by the Parties, on behalf of
<br /> themselves, their agents, representatives, assigns, trustees, administrators,
<br /> attozneys, heirs, relatives, spouses, ex-spouses, beneficiaries, and successors in
<br /> interest, in consideration of the mutual covenants and promises contained herein,
<br /> of the Tenant, the City of Santa Ana, the City of Santa Ana Public Works Agency,
<br /> and those parties' accountants, other professionals, agents, representatives,
<br /> assigns, employees, administrators, trustees, insurers, attorneys, heirs,
<br /> beneficiaries, and successors in interest (collectively the "Released Parties"), from
<br /> all rights, claims oz• cross-claims, demands, actions, or causes of action, including
<br /> those for damages, compensation, relocation assistance, relocation benefits, loss
<br /> of goodwill, property interest, compensation for personal property (loss of
<br /> inventory), furniture, textures and equipment, punitive damages, interest, casts,
<br /> attorney's and appraisal fees, injunctive or declaratory relief, or• for relief by way
<br /> of writ of mandate, or for demands, damages, z•efunds, debts, liabilities,
<br /> reckonings, accounts, obligations, costs, expenses, liens, actions, causes, and
<br /> causes of action of whatever kind, at law or in equity, that the Parties have now or
<br /> may have against any of the Released Parties arising from the facts and
<br /> circumstances described in this Agreement including but not limited to (1) the
<br /> acquisition of the Property by the Agency, {2) Tenant's leasehold interest, if any,
<br /> in the Property (or any portion thereof) or (3) any other right or interest Tenant
<br /> may have, assert, or claim by reason of Agency's actions or failure to act,
<br /> including, but not limited to, any claim to relocation assistance, relocation
<br /> benefits or compensation for property or loss of goodwill from the Agency.
<br /> 2 of 7
<br /> 25A-16
<br />
<br />
|