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'" ~ ORIGI~~J{L RELEASE AND WAIVER AGREEMENT THIS RELEASE AND WAIVER AGREEMENT is entered into as of /q Ot+;~AII /I A. , 2010, by and between the Redevelopment Agency of the City of Redwood City, a ~, corporate and politic, duly organized and existing under the laws of the State of California ("Agency"), and Nancy Radcliffe, (collectively, the "Parties"). NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows: I, Nancy Radcliffe, acknowledge that pursuant to the Lease Agreement for Lease Area 28 entered into on May 21, 2008, by and between Nancy Radcliffe and the Agency (the "Lease"), that upon termination of the Lease I was required to completely vacate the Premises, including the removal of any and all of my property. The Lease terminated on January 31, 2010. Since February 1, 2010, the personal property of Nancy Radcliffe remains in and continues to occupy Lease Area 28. In consideration of the Agency forbearing its collection of rents due for February and March, 2010 (totaling $200.00) for the continuing occupation of my personal property in Lease Area 28, I, Nancy Radcliffe, shall assume all risk of damage to any and all personal property left behind on the previously let property commonly known as Courthouse Square Concession Space Lease Area 28 beginning February 1, 2010. Furthermore, I, Nancy Radcliffe, hereby waive and release any rights to that personal property as against the Agency and City of Redwood City ("City"). I hereby also waive and release the Agency and City from any and all claims related to the continued occupation of my personal property in Lease Area 28 and any subsequent disposition of the property necessitated by the letting of Lease Area 28 to a new Lessee. I acknowledge that commencing April 1, 2010, if Agency has not leased Lease Area 28 to a new lessee, I will be responsible for monthly lease payments ($100.00 per month) for such time that my personal property occupies the leased area. Further, I agree that Agency may remove my personal property without further notice to me and may dispose of it upon re-lease of Lease Area 28 or upon my failure to pay rent. In connection with the foregoing releases, Nancy Radcliffe acknowledges that she is familiar with Section 1542 of the California Civil Code, which reads: A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. Nancy Radcliffe acknowledges that the releases contained herein include all known and unknown, disclosed and undisclosed, and anticipated and unanticipated claims. Nancy Radcliffe realizes and acknowledges that she has entered into this Waiver and Release in light of this realization and, being fully aware of this situation, it nevertheless intends to waive the benefit of Civil Code Section 1542, or any statute or other similar law now or later in effect. A TTY/AGR/201 0.01 0 021810