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09
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2022
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071922
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7/14/2022 3:03:29 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
7/19/2022
DESTRUCT DATE
15Y
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09 SUPPLEMENTAL
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GRANTOR: T.P.HERITAGE INN AND S.S.HERITAGE INN APN: 941-130044 AND 941-1300-15 <br /> PROJECT: JOHNSON DRIVE ECONOMIC DEVELOPMENT ZONE PROJECT <br /> to persons or property arising directly or indirectly from or connected with the existence of toxic <br /> or hazardous material on the property, save and except claims, costs or litigation arising through <br /> the sole willful misconduct of the CITY. <br /> 11. No Leases. GRANTOR warrants that there are no oral or written leases on all or any <br /> portion of the Fee, Easement and TCE exceeding a period of one month. GRANTOR agrees to <br /> hold CITY harmless and reimburse CITY for any of its losses and expenses occasioned by <br /> reason of any lease of the Fee, Easement and TCE held by a tenant for a period exceeding one <br /> month. <br /> 12. Release of All Claims. This is intended as a full and complete release of all or any claims <br /> that either party has against the other and is in full settlement of any and all such claims and <br /> I intends to and does hereby release all of said persons,firms,associations and corporations of and <br /> from any and all fiabilityt of any nature whatsoever for all claims or causes of action including those <br /> for all consequences, effects and results of any loss, injury or damage,whether the same are now <br /> known or unknown to the undersigned,expected or unexpected by the undersigned, or have <br /> already appeared or developed or may now be latent or may in the future appear or develop. <br /> GRANTOR hereby acknowledges that the compensation paid to GRANTOR through this <br /> Agreement constitutes the full and complete settlement of any and all claims against the CiTY, by <br /> reason of CITY s;acquisition of the Fee, Easement and TCE,spwflcallly including, but not limited <br /> to,any and all rights and claims that GRANTOR has,may have, or may in the future have under <br /> Article 1, Section 19 of the California Constitution,the California Eminent(Domain Law, Code of <br /> Civil Procedure section 1230.010 at seq.,or any other law or regulation. The parties acknowledge <br /> that they each have been informed of and are familiar with the provisions of California Civil Code <br /> Section 1542 which provides: <br /> "A general release does not extend to claims that the creditor or releasing <br /> j party does not know or suspect to exist In his or her favor at the time of <br /> executing the release and that,if known by him or her,would have materially <br /> affected his or her settlement with the debtor or released party." <br /> Further,the parties mutually waive that provisions of Cakfomia Civil Code Section 15+42, and further I <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 <br /> have induced them to enter into this Compromise and Release may tum out to be incorrect or <br /> different to what they have previously anticipated, and the parties expressly assume the risks and <br /> further 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 /> 13. Remedies for®reach. 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 ; <br /> of this Agreement. <br /> 14. Miscellaneous. <br /> A. Authoft to slamroy,atof_CITY. GRANTOR and the signatories represent and <br /> warrant that the signatories to this Agreement are authorized to enter into this Agreement to <br /> convey real property and that no other authorizations are required to implement this <br /> Agreement on behalf of GRANTOR. <br /> Payr 4 or$ <br />
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