|
GRANTOR: TODD L. FREEMAN AND JUDY A. FREEMAN, TRUSTEES OF THE FREEMAN APN: 052-431-020 (portion of)
<br />FAMILY TRUST, AND JEFF A. KREAGER AND LORETTA V. KREAGER, TRUSTEES OF THE PROJECT PARCEL No. 64075
<br />REVOCABLE LIVING TRUST AGREEMENT OF JEFF A. KREAGER AND LORETTA V. KREAGER
<br />DATED OCTOBER 9, 1989
<br />PROJECT: US HIGHWAY 101 / STATE ROUTE 84 (WOODSIDE ROAD) INTERCHANGE IMPROVEMENT PROJECT
<br />7. Escrow Instructions
<br />GRANTOR hereby authorizes the CITY to prepare and file escrow instructions in accordance
<br />with this Agreement on behalf of both parties.
<br />8. Binding on Successors and Assigns
<br />This Agreement shall be binding on and inure to the benefit of the respective heirs, successors
<br />and assigns of the parties to this Agreement.
<br />9. No Leases
<br />GRANTOR warrants that there are no oral or written leases on all or any portion of the Subject
<br />Property exceeding a period of one month, except for the lease with Custom_ Truck. GRANTOR
<br />further agrees to hold the CITY harmless and reimburse the CITY for any and all of its losses
<br />and expenses occasioned by reason of any lease of said Subject Property held by any tenant of
<br />GRANTOR for a period exceeding one month, not disclosed to the City herein.
<br />10. Release of Claims
<br />GRANTOR, for itself, its agents, assigns, successors in interest, and any related or affiliated
<br />entities, hereby fully releases and discharges the CITY, its agents, employees, officers,
<br />directors, divisions, attorneys, accountants, insurers, successors, and other representatives,
<br />and any and all related or affiliated private or public agencies or entities, from any and all
<br />causes of action, actions, judgments, liens, indebtedness, obligations, losses, claims, damages,
<br />liabilities and demands, including without limitation any claim arising out of or pertaining, directly
<br />or indirectly, to the acquisition of the Subject Property described in this Agreement and the
<br />construction of any improvements thereon, assuming the TCE is not violated and the
<br />construction is in the manner proposed, including without limitation, appraisal costs, inverse
<br />condemnation, nuisance, severance damages, the cost or value of any equipment or fixtures,
<br />attorneys' and witness fees and costs, loss of goodwill, construction -related dust, noise, traffic
<br />and other related construction activity, and lost rentals or business associated with construction
<br />of any improvements, and any other types of related losses or damages.
<br />GRANTOR acknowledges that it may hereafter discover facts or law different from, or in
<br />addition to that which it now believes to be true with respect to his/her release of claims as set
<br />forth in this Agreement, and understands that by executing this Agreement it is waiving any
<br />rights of claims for any other or future benefits or damages, assuming the TCE is not violated
<br />and the construction is in the manner proposed, to which it might be entitled which are not
<br />specifically exempted herein. In giving this release, GRANTOR expressly waives the protection
<br />of Civil Code Section 1542, which statute provides as follows:
<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 FAVOR AT THE
<br />TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD
<br />HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR RELEASED
<br />PARTY.
<br />If this Agreement is terminated this Clause 10 shall have no force and effect
<br />REV: 11-20-25 LR
<br />ATTY/AGR.2025.298/Todd L. and Judy A. Freeman and Jeff A. and Loretta V. Kreager (Purchase Agreement) (Page 3 of 17)
<br />
|