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25J - AGMT - SETTLEMENT BRISTOL ST WIDENING
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25J - AGMT - SETTLEMENT BRISTOL ST WIDENING
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7/31/2014 3:50:46 PM
Creation date
7/31/2014 3:14:40 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25J
Date
8/5/2014
Destruction Year
2019
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the Property (or any portion thereof) or (3) any other right or interest Owner may <br />have, assert, or claim by reason of City's actions or failure to act, including, but <br />not limited to, any claim to relocation assistance, relocation benefits or <br />compensation for property or loss of goodwill from the City. <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 />whatsoever for any claim, injury, damages, or equitable or declaratory relief of <br />any kind, whether the claim, or any facts on which such claim might be based, is <br />Imown or unknown to the party possessing the claim.. Each party expressly <br />acknowledges and waives any and all rights under Section 1542 of the California <br />Civil Code, which the Parties understand provides as follows: <br />A general release does not extend to claims which the creditor does not know or <br />suspect to exist in his /her favor at the time of executing the release, which if <br />known by him/her must have materially affected his /her settlement with the <br />debtor. <br />Each party acknowledges the foregoing waiver of the provisions of California <br />Civil Code Section 1542 was separately bargained for and expressly consents that <br />this Agreement shall be given fiill force and effect in accordance with each and all <br />of its express terms and provisions, including those terms and provisions relating <br />to unknown or unsuspected claims, demands and causes of action, if any, to the <br />same effect as those terms and provisions relating to any other claims, demands <br />and causes of action herein above specified. <br />(c) Each party acknowledges that it may hereafter discover facts or law different from <br />or in addition to those which it now believes to be true with respect to the release <br />of claims. Each party agrees that the foregoing release shall be and remain <br />effective in all respects notwithstanduig such different or additional facts or law <br />or any party's discovery thereof. The Parties shall not be entitled to any relief in <br />connection therewith, including, but not limited to, any damages or any right or <br />claim to set aside or rescind this Agreement. <br />(d) None of the Parties or their respective agents nor any related entities have made <br />any statement or presentation to the other regarding any fact relied upon in <br />entering into this Agreement and the Parties, and each of them, expressly do not <br />rely upon any statement, representation or promise of any other party or any <br />party's agent or related entities in executing this Agreement, except as is <br />expressly set forth herein. Each of the Parties has made such investigation of the <br />facts and law pertaining to the subject matter of this Agreement as it deems <br />necessary, and has consulted with legal counsel of its own choosing concerning <br />these matters. <br />(e) Owner hereby represents and warrants as of the Effective Date of this Agreement <br />that (1) to its actual knowledge, no other entity or person has any right, title, or <br />interest whatsoever in the released, claims, and (2) that there has been no <br />assignment, transfer, conveyance or other disposition by Owner of any of the <br />3 of7 <br />25J -16 <br />
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