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<br />Ma~ 07 2004 13:30 FITZGERALD LAW OFFICE
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<br />6503483518
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<br />p.3
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<br />6.
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<br />and deficiencies, including interest, penalties, and attorneys' fees. that City shall incur or suffer which
<br />arise, result from or relate to any lease or sub-lease and/or any claim for fixtures and equipment, and
<br />further agrees to reimburse City fur any and all of its losses and expenses occasioned by reason of
<br />any lease, any sub-lease, any c1aiJ1Il for fixtures and equipment, and any and all claims arising out of
<br />any lease, including any sub-lease of the subject property held by any tenant of Paradise.
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<br />Paradise has been apprised and is- aware of relocation benefits assistance provided for by law and
<br />agrees that the City has satisfied an such requirements of law, and further releases and forever
<br />discharges the City and its successors and assignees, from any and all claims or damages for
<br />relocation assistance benefits wlúch may arise by reason of Article 9 of Chapter 4 of Division 24 of
<br />the Health and Safety Code of the State of California, or by reason of Chapter 16 of division 7 of
<br />Title I of the Government Code of the State of California,' or by reason of the federal act entitled
<br />"Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970" (public Law
<br />91-646), as amended, or by reason of any law or regulation of the United States of America or the
<br />State of California. -
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<br />7.
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<br />It is further agreed that the consideration provided by the terms of this Agreement is in full settlement
<br />of: (i) any claim Paradise has made or could have made in the eminent domain action., including, but
<br />not limited to claims for loss of business goodwill, the leasehold interest, including the sub-leasing in
<br />and to the subject property and the "bonus value" of the lease, if any, machinery, fixtures and
<br />equipment in, on or related to the subject property; (ii) any claim Paradise has made or could have
<br />made under the Relocation Law (Government Code Section 7260, et seq.) by reason of the City's
<br />acquisition of the subject property; (iii) any claim Paradise has made or could have made against the
<br />City in connection with the carrying out of the public project in which the subject property is situated.
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<br />Paradise represents, warrants an<:l certifies under penalty of perjury that it has authority to enter into
<br />and grant the settlement herein given, including, but not limited to, any and all releases and/or
<br />quitclaim deeds, and that it owns the business conducted on the subject property and holds title to the
<br />lease, the sublease(s), if any, and: the leasehold improvements, fixtures and equipment, and that no
<br />document has been signed by or on behalf of Paradise for the purpose of creating any lien,
<br />encumbrance or security interest, or assignment, transfer, or any relinquishment of its interest in any
<br />lease, machinery, fixtures and/or equipment and/or leasehold improvements.
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<br />8.
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<br />9.
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<br />The parties further agree that the settlement sum payable under this Agreement shall be used to
<br />dìscharge any obligations which: are liens upon the property, up to and including the total amount of
<br />unpaid principal and interest on~ote(S) secured by mortgagees) or deed(s) of trust, if any, including
<br />all liens, assessments, encumbrailces, delinquent or nan-delinquent taxes, judgments and all other
<br />amounts due and payable, including penalties, if any, in accordance with the tenns and conditions of
<br />said trust deed(s) or mortgagees) and/or liens, judgments and shall, upon dernand(s), be made payable
<br />to the mortgagee(s) or beneficiai'y(s) or other person or entity entitled thereunder; said mortgagee(s)
<br />and beneficiary(s) or other person or entity to furnish the City with good and sufficient receipt
<br />showing said monies credited against the indebtedness secured by said mortgage(s) or deed(s) of
<br />trust or liens, or judgments.
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<br />10.
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<br />In consideration of this Agreement, Paradise hereby releases the City and hereby waives any and all
<br />claims, demands, causes of actiçn, costs. expenses, attomey~s fees, liabilities, and obligations in any
<br />matter arising out of Paradise's ownership of or interest in the subject property, fixtures, equipment
<br />and/or business as situated within the public project, whether or not now known, suspected or claimed,
<br />including but not limited to, any claims for inverse condemnation, business goodwill and/or eminent
<br />domain. In this respect, each of the parties hereto expressly waive the benefits and provisions of
<br />Section 1542 of the Civil Code of the State of California, which provide~ as follows:
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<br />" A general release does not extend to claims which the creditor does not know or expect to
<br />exist in his favor at the time of executing the release, which if known by him must have
<br />materially affected his settlement with the debtor."
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