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the City or to the City's agent, and provides written verification that all hazardous
<br />materials have been legally and properly moved.
<br />(b) Owner agrees, that the consideration received pursuant to paragraph 1(a) above
<br />constitutes full satisfaction of any and all obligations of the City to Owner,
<br />including, without limitation, any obligations for relocation assistance, relocation
<br />benefits, moving expenses, interest of any kind in the real estate and leasehold,
<br />any potential loss of business goodwill, compensation for personal property (loss
<br />of inventory), furniture, fixtures and equipment, interest, attorney's fees, appraisal
<br />fees, or damages of any nature.
<br />(c) Owner agrees to vacate the premises by no later than December 31, 2014 (Vacate
<br />Date). Should Owner remain in occupancy beyond the Vacate Date, a Two
<br />Hundred Fifty Dollars ($250) per day penalty will be deducted from the Owner
<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 />by the City or its Agents.
<br />(d) Owner hereby agrees that City may remove and dispose of any personal property
<br />or trash that has not been moved upon the Vacate Date, as it elects and desires,
<br />without any notice to Owner. Any disposal costs associated with Owners'
<br />personal property, or clean up fees paid by the City, will be deducted from the
<br />Owner Settlement Payment.
<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 Owner, 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 City, (2) Owner's leasehold interest, if any, in
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