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25F - AGMT - BRISTOL ST PHASE 3A
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25F - AGMT - BRISTOL ST PHASE 3A
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1/12/2017 4:06:57 PM
Creation date
1/12/2017 3:34:47 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25F
Date
1/17/2017
Destruction Year
2022
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section 4601 ot. seq. and /or California Relocation Assistance Law, as amended, or the Reat Property <br />Acquisition Relocation Assistance Rules and Regulations, As a result of this Agreement, Buyer <br />waives any right to relocation assistance, moving expenses, or other payments to which Buyer <br />might otherwise be entitled under the Uniform Relocation Assistance and Real Property Acquisition <br />Policies Act of 1970, as amended, 42 United States Code section 4601 et, seq. and /or California <br />Relocation Assistance Law, as amended, or the Real Property Acquisition Relocation Assistance <br />Rules and Regulations, as payment for said benefits is acknowledged to have been compensated for <br />pursuant to this Agreement, <br />14, ACKNOWLEDGMENT CONCERNING CIVIL CODE rSECTION 1542. Tenant - <br />Seller acknowledges that it has been advised by its attorneys concerning, and is familiar with, the <br />provisions of California Civil Code § 1542, which provides as Follows: <br />"A general release does not extend to claims which the creditor does <br />not know or suspect to exist in his or her favor at the time of <br />executing the release, which if ]mown by him or her must have <br />materially affected his or her settlement with the debtor." <br />Tenant - Seller acknowledges that it and any others acting on its behalf herein may <br />have sustained damage, loss, cost, or expenses that are presently unknown and unsuspected and <br />which may give rise to additional damages, loss, costs, or expenses in the future. Nevertheless, <br />Tenant - Seller acknowledges that this Agreement has been negotiated and agreed upon in light of <br />that situation and hereby expressly waives any and all rights which it or others acting on its behalf <br />may have under California Civil Code §1542, or tinder any statute or common law or equitable <br />principle of similar effect, <br />Tenant - Seller: <br />15. CONTINGENCY.. Transaction is subject to and contingent upon receipt by Buyer of <br />the duly executed Quitclaim Doed from Tenant - Seller with respect to the Tenancy Interest and the <br />Improvements. This transaction is further subject to and contingent upon approval and acceptance <br />by Buyer. <br />16. AGREEMENT TO EXECUTE. Tenant - Seller and Buyer agree to execute and file <br />any additional agreements, consents or other documents reasonably necessary to effect the Bill and <br />eoniplete settlement and purchase of the Improvements and the Tenancy interest. <br />17. AUTI IORIZATION TO EXECUTE. Tenant- Seller and Buyer represent and warrant <br />that the persons executing this Agreement are duly authorized to do so and to act on behalf of <br />Te4tant•Seiler and Buyer respectively. <br />18. COMPROMISE IN SETTLEMENT. This Agreement is a compromise in settlement <br />of pending or potential litigation between Tenant- Seller and Buyer and shall never be treated as an <br />admission by Buyer for any purpose of liability or as to value of any property or claim. <br />19, SURVIVAL OF RIGHTS AND OBLIGATIONS. Notwithstanding the releases <br />contained herein and agreement concerning this transaction, all the rights and obligations created <br />Linder and pursuant to this Agreement shall survive the execution of the Agreement, the releases <br />contained herein and the Closing of this transaction. <br />4403755.1 N1565.1 <br />25F -27 <br />
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