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<br />(d) Of the consideration described in (a), City agrees to reimburse Tenant for May 2011
<br />rent already paid by Tenant in the amount of $2,733.25. City will also be responsible
<br />for any rent due from Tenant under its lease for the month of June 2011.
<br />(e) Tenant hereby agrees that City may remove and dispose of any personal property or
<br />trash that has not been moved upon the Vacate Date, as it elects and desires, without
<br />any notice to Tenant.
<br />(f) Of the consideration described in 1(a), payment will be made for Relocation Expenses
<br />in the amount of $45,000.00.
<br />(g) Of the consideration described in 1(a), payment will be made for leasehold, loss of
<br />business goodwill and immovable furniture, fixtures and equipment in the amount of
<br />$12,500.00.
<br />(h) Tenant agrees to formally withdraw its: (1) pending Motion for Relief from Default
<br />scheduled for hearing May 27, 2011, in Orange County Case No. 30-2010-00431228;
<br />and (2) Defendant's [Proposed] Objection to Motion for Order for Possession.
<br />2. Release
<br />(a) Nothing contained herein shall constitute a release or discharge by either party for any
<br />of the undertakings of the other party to this Settlement Agreement. This Agreement
<br />shall serve as a full release and discharge by the Parties, on behalf of themselves,
<br />their agents, representatives, assigns, trustees, administrators, attorneys, heirs,
<br />relatives, spouses, ex -spouses, beneficiaries, and successors in interest, in
<br />consideration of the mutual covenants and promises contained herein, of the Tenant,
<br />the City of Santa Ana, the City of Santa Ana Public Works Agency, and those parties'
<br />accountants, other professionals, agents, representatives, assigns, employees,
<br />administrators, trustees, insurers, attorneys, heirs, beneficiaries, and successors in
<br />interest (collectively the "Released Parties'), from all rights, claims or cross-claims,
<br />demands, actions, or causes of action, including those for damages, compensation,
<br />relocation assistance, relocation benefits, loss of goodwill, property interest,
<br />compensation for personal property (loss of inventory), furniture, fixtures and
<br />equipment, punitive damages, interest, costs, attorney's and appraisal fees, injunctive
<br />or declaratory relief, or for relief by way of writ of mandate, or for demands, damages,
<br />refunds, debts, liabilities, reckonings, accounts, obligations, costs, expenses, liens,
<br />actions, causes, and causes of action of whatever kind, at law or in equity, that the
<br />Parties have now or may have against any of the Released Parties arising from the
<br />facts and circumstances described in this Agreement including but not limited to (1) the
<br />acquisition of the Properties by the City, (2) Tenant's leasehold interest, if any, in the
<br />Properties (or any portion thereof) or (3) any other right or interest Tenant may have,
<br />assert, or claim by reason of City's actions or failure to act, including, but not limited to,
<br />any claim to relocation assistance, relocation benefits or compensation for property or
<br />loss of goodwill from the City.
<br />(b) In making this release, the Parties intend to and do release, acquit and discharge the
<br />Released Parties, and each of them, from any liability of any nature whatsoever for any
<br />claim, injury, 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 the party
<br />possessing the claim. Each party expressly acknowledges and waives any and all
<br />rights under Section 1542 of the California Civil Code, which the Parties understand
<br />provides as follows:
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