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07
City of Pleasanton
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2023
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030723
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3/1/2023 3:16:23 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
3/7/2023
DESTRUCT DATE
15Y
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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 <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 /> to the extent that such claims arise out of or are related to the Easement Area, the TCE <br /> Area, the acquisition thereof or the condition thereof. GRANTOR hereby acknowledges that <br /> the compensation paid to GRANTOR through this Agreement constitutes the full and <br /> complete settlement of any and all claims against the CITY, by reason of CITY's acquisition of <br /> the Permanent Easement and TCE, 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 <br /> 19 of the California Constitution ,the California Eminent Domain Law, Code of Civil <br /> Procedure section 1230.010 et 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 <br /> Code Section 1542 which provides: <br /> "A general release does not extend to claims that the creditor or <br /> releasing party does not know or suspect to exist in his or her favor at <br /> the time of executing the release and that, if known by him or her, would <br /> have materially affected his or her settlement with the debtor or released <br /> party <br /> Further,the parties mutually waive the provisions of California Civil Code Section 1542, and <br /> further waive any right they might have to voice said provisions now or in the future with <br /> respect to the releases set out in this Agreement. The parties recognize and acknowledge <br /> that factors which have induced them to enter into this Compromise and Release may turn <br /> out to be incorrect or different to what they have previously anticipated, and the parties <br /> expressly assume the risks and further expressly assume the risk of this waiver of California <br /> Civil Code section 1542. <br /> If this Agreement is terminated, this Section shall have no force and effect. <br /> 14. Remedies for Breach. In the event of a breach of this Agreement by GRANTOR or <br /> the CITY, the non-breaching party is entitled to pursue any and all remedies available to it <br /> against the breaching party, including, without limitation, claims for all damages attributable <br /> to the breach, and specific performance of this Agreement. <br /> 15. Miscellaneous. <br /> A. Authority to sign; Approval of CITY. GRANTOR and the signatories represent and <br /> warrant that the signatories to this Agreement are authorized to enter into this Agreement <br /> to convey real property and that no other authorizations are required to implement this <br /> Agreement on behalf of GRANTOR. <br /> GRANTOR understands that this Agreement is subject to the approval of CITY, and this <br /> Agreement shall have no effect unless and until the CITY COUNCIL approves it. <br /> B. Counterparts Signature. This Agreement may be executed in counterparts, <br /> each of which shall be an original, but all counterparts shall constitute one <br /> agreement. <br /> C. Entire Agreement. The parties have here set forth the whole of their agreement. <br /> The performance of this Agreement constitutes the entire consideration for the <br /> Permanent Easement and TCE. <br /> D. Binding on Successors and Assigns. This Agreement shall be binding on and <br />
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