|
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 />request 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 />desires, 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 />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 />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 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, 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 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 />2of7
|