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25F - AGMT - BRISTOL ST PHASE 3A
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25F - AGMT - BRISTOL ST PHASE 3A
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Last modified
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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seotion 4601 et, seq. and /or California Relocation Assistance Law, as amended, or dw Real Property <br />Acquisition Relocation Assistance Rules and .Regulations. As a result of this Agreement, Buyer <br />waives any right to relocation assistance, moving expenses, at, other payments to which )Buyer <br />might otherwise be entitled reader the Uniform Relocation Assistance and Real Property Acquisition <br />Policies Act of 1970, as amended, 42 United States Code section 4601 et. serf. 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 CONCI~RNING CIVIL CODE SECTION 1542. Tenant - <br />Seller aelmowledges 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 (toes not extend to clairxrs 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 known 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 oil 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 />Tonaht- 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 our its behalf <br />may have under California Civil Code §1542, or Linder any statute or common law or equitable <br />principle of similar effect. <br />Teruant- Scher; <br />15, CONTINGENCY. Transaction is subject to and contingent upon receipt by Buyer of <br />the duly executed Quitclaim Deed from Tenant- 5ell.er 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 JPMCUTE, Tenant - Seller and Buyer agree to execute and, file <br />any additional agreements, consents or other documents reasonably necessary to effect the fall and <br />complete settlement and purchase of the Improvements and the Tenancy Interest. <br />17, AMI-(1IZTZATION TO LrXECU'l E. 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 />Tenant -Sellor and Buyer respectively, <br />13. Comp ti_omisE IN SETTLEMENT, This Agreement is a compromise in settlement <br />of 15ending 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 ar claim. <br />19. SURVIVAL OP RTGILTS AND OBLIGATIONS. Notwithstanding the releases <br />contained herein and agreement concerning this transaction, all the rights and obligations created <br />under and pursuant to this Agreement shall survive the execution of the Agreement, the releases <br />contained herein and the Closing of this transaction. <br />4467755.1 -- N15ft 1 <br />25F -8 <br />
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