|
loss of business goodwill, compensation for personal property (loss of inventory},
<br /> furniture, fixtures and equipment, interest, attorney's fees, appraisal fees, or
<br /> damages of any nature.
<br /> (c) Tenant agrees to vacate the pz•emises by no later than April 30, 2010 (Vacate
<br /> j Date). Should Tenant remain in occupancy beyond the Vacate Date, a Two
<br /> Hundred Fifty Dollars ($250) per day penalty will be deducted from Tenant's
<br /> Settlement Payment, for each day of occupancy beyond the Vacate Date unless a
<br /> written request for an extension has been submitted and consequently approved
<br /> t by the Agency or its Agents.
<br /> (d} Tenant hereby agrees that Agency znay remove and dispose of any personal
<br /> s property or trash that has not been moved upon the Vacate Date, as it elects and
<br /> desires, without any notice to Tenant. Any disposal costs associated with Tenants'
<br /> personal property, or clean up fees paid by the Agency, will be deducted from the
<br /> Tenant Settlement Payment.
<br /> i
<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 /> f Agreement shall sezve as a full z•elease and discharge by the Parties, on behalf of
<br /> themselves, their agents, representatives, assigns, trustees, administrators,
<br /> attorneys, 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 or czoss-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, fixtures and equipment, punitive damages, interest, costs,
<br /> attorney's and appraisal fees, injunctive or declaratory relief, or for relief by way
<br /> of writ of mandate, or for demands, damages, refunds, 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 fiom 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 /> (b} In making this release, the Parties intend to and do release, acquit and discharge
<br /> the Released Parties, and each of them, from any liability of any nature
<br /> 2 of 7
<br />
<br /> i
<br /> 25J-4
<br />
<br />
|