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DE ANDA, GEORGE (2) -2017
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DE ANDA, GEORGE (2) -2017
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2/6/2017 10:45:31 AM
Creation date
2/6/2017 8:43:22 AM
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Contracts
Company Name
DE ANDA, GEORGE
Contract #
A-2017-009
Agency
PUBLIC WORKS
Council Approval Date
1/17/2017
Destruction Year
0
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section 4601 et. sed. and/or California Relocation Assistance Law, as amended, or the 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, 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 SECTION 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 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 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 under 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 Deed 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 full and <br />complete settlement and purchase of the hnprovements and the Tenancy Interest. <br />17. AUTHORIZATION 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 />Tenant -Seller 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 heated 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 />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 />4463755.1 - N1565.1 <br />
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