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BERNAL, JESUS-2016
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BERNAL, JESUS-2016
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Last modified
6/14/2016 2:48:20 PM
Creation date
6/14/2016 1:14:08 PM
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Contracts
Company Name
BERNAL, JESUS
Contract #
A-2016-124
Agency
PUBLIC WORKS
Council Approval Date
5/17/2016
Destruction Year
0
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to the realty; any right t0 repUrohaoe, leaseback from Della[ or receive any financial gain <br />from, the sale of any portion of the Property , or challenge Buyer's adoption of a resolution of <br />DeoeSo|tv. pursuant to Code of Civil Procedure n8CtiUDG 1245.245; any right to receive any <br />notices pursuant to Code of Civil Procedure section 1245,245; any right to enforce any other <br />obligation placed upon Seller pursuant t8 Code of QYi| Procedure aeCtiOUS 1745.245. <br />1763.025 and 1263.615; any other rights conferred UpnD Defendants pursuant to Code of <br />Civil Pn]oadUF8 S8CtioU8 1245.245 and 1763.615 and 1263.025; and attorney's fees and <br />costs, |t being understood that this ioa complete and full settlement 0f all acquisition claims, <br />liabilities, or benefits of any type or nature whatsoever relating to or in connection with the <br />acquisition of the Property by Buyer. This release shall survive the Close nfEscrow, <br />R This Agreement arose out Vf Buyers efforts toacquire the Property through its municipal <br />authority. Seller, On behalf 0fhimself, his hoi[S. eX8cxtOrS. 8d0iDiSfradUn6' auCCe8GOrS and <br />nSSigDo' hereby fully n3)888eS RUye[. its 8uooF$Vors/ agents, representatives (including <br />attorneys), and 8aoigDS. and all other persons and 8S88ciu1i8Rs' kUUw/U or unknown, from all <br />clairns and causes of action by reason of any damage which has been sustained by Seller, or <br />may be sustained by Seller, GS a result of Buyer's efforts to acquire the Property or to <br />construct the works of improvement thereon, or any preliminary steps thereto, This <br />Agreement does DVL` and Sh@(| not be construed to, require Seller to indemnify Buyer for <br />damages which may arise as 8 result nf Buyers efforts t0 construct improvements Onthe <br />Property. <br />C. Seller hereby acknowledges that he either has consulted with legal counsel, or had an <br />opportunity tO consult with legal counsel, regarding the provisions of the California Civil Code <br />section 1542. which provides as follows: <br />"A general release does not extend ho claims which the creditor does not know <br />mr suspect to exist iD his oy her favor at the time of executing the release, which <br />if known bV him or her must have materially affected his orher settlement with <br />the debtor." <br />Seller acknowledges that he may have sustained damag8, loSS, costs or expenses which are <br />presently unknown and UDaUSpeCted, and such damage, |O8S` costs 8r expenses which may have <br />been sustained, may give [iS8 to additional damage, |nnS` COSta or 9Xpe0SeS in the future. <br />N8VertU8l8oa. So||or hereby 8xkDoVV|edgoo that this Ag|e8nl8Dt has been negotiated and agreed <br />upon in light nf that situation, and hereby expressly waives any and all rights which Seller may have <br />under California Civil Code Section 1542, or under any statute or common law or equitable principal <br />of similar effect. <br />This acknowledgment and release shall survive the Close of Escrow <br />14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P8. <br />Box 1AO8.iD the City of Santa Ana Q27Oi. County nf Orange, State ofCalifornia. The mailing <br />address 8f the Seller is1301VV. Glenwood Place, Santa Ana, C/\ 97784� <br />15. Exceptions. CityogreeSt8@Cn*pttitletoouidrea)prOpertySUhieCttothefo||oVviUg: NONE, <br />15' Entire Agreement. |tia mutually agreed that the Parties hereto have herein set forth the <br />whole Vf their Agreement. Performance o[ this PSAby City shall Jay at rest, each, every, and all <br />issue(s) that were raised or could have been raised in connection with the acquisition of Said Real <br />Property byCity. <br />
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