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GRANTOR: DUBLIN SAN RAMON SERVICES DISTRICT APN:941-1300-2-8
<br /> PROJECT:JOHNSON DRIVE ECONOMIC DEVELOPMENT ZONE PROJECT
<br /> willful misconduct of the CITY. Nothing in this paragraph shall require GRANTOR to mitigate, or
<br /> pay costs to clean-up hazardous material released on the property by a person other than
<br /> GRANTOR as the result of such person's use of the roadway, underground public utilities,
<br /> sidewalk, pathways, or landscaping, including releases during construction, replacement,
<br /> inspection, maintenance, repair, operation or removal of the roadway, sidewalk, pathways, or
<br /> landscaping, including any supporting columns, walls and footings, and including any and all
<br /> appurtenances thereto.
<br /> 10. No Leases. GRANTOR warrants that there are no oral or written leases on all or any portion
<br /> of the Permanent Easement exceeding a period of one month. GRANTOR agrees to hold CITY
<br /> harmless and reimburse CITY for any of its losses and expenses occasioned by reason of any
<br /> lease of the Permanent Easement held by a tenant for a period exceeding one month.
<br /> 11. Release of All Claims. This is intended as a full and complete release of all or any claims that
<br /> either party has against the other and is in full settlement of any and all such claims and intends to
<br /> and does hereby release all of said persons, firms, associations and corporations of and from any
<br /> and all liability of any nature whatsoever for all claims or causes of action including those for all
<br /> consequences, effects and results of any loss, injury or damage, whether the same are now known
<br /> or unknown to the undersigned, expected or unexpected by the undersigned, or have already
<br /> appeared or developed or may now be latent or may in the future appear or develop. GRANTOR
<br /> hereby acknowledges that the compensation paid to GRANTOR through this Agreement constitutes
<br /> the full and complete settlement of any and all claims against the CITY, by reason of CITY's
<br /> acquisition of the Permanent Easement, specifically including, but not limited to, any and all rights
<br /> and claims that GRANTOR has, may have, or may in the future have under Article 1, Section 19 of
<br /> the California Constitution , the California Eminent Domain Law, Code of Civil Procedure section
<br /> 1230.010 et seq., or any other law or regulation. The parties acknowledge that they each have been
<br /> informed of and are familiar with the provisions of California Civil Code Section 1542 which provides:
<br /> "A general release does not extend to claims that the creditor or releasing party
<br /> does not know or suspect to exist in his or her favor at the time of executing
<br /> the release and that, if known by him or her,would have materially affected his
<br /> or her settlement with the debtor or released party."
<br /> Further, the parties mutually waive the provisions of California Civil Code Section 1542, and further
<br /> waive any right they might have to voice said provisions now or in the future with respect to the
<br /> releases set out in this Agreement. The parties recognize and acknowledge that factors which have
<br /> induced them to enter into this Compromise and Release may turn out to be incorrect or different to
<br /> what they have previously anticipated, and the parties expressly assume the risks and further
<br /> expressly assume the risk of this waiver of California Civil Code section 1542.
<br /> If this Agreement is terminated, this Section shall have no force and effect.
<br /> 12. Remedies for Breach. In the event of a breach of this Agreement by GRANTOR, CITY is
<br /> entitled to pursue any and all remedies available to it against GRANTOR, including, without
<br /> limitation, claims for all damages attributable to GRANTOR's breach, and specific performance of
<br /> this Agreement.
<br /> 13. Miscellaneous.
<br /> A. Authority to sign; Approval of CITY. This Agreement is subject to the approval of CITY, and
<br /> this Agreement shall have no effect unless and until both the CITY COUNCIL and DISTRICT
<br /> BOARD approve it.
<br /> B. Counterparts Signature. This Agreement may be executed in counterparts, each of
<br /> which shall be an original, but all counterparts shall constitute one agreement.
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