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AgdaPkt 2013-02-25
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AgdaPkt 2013-02-25
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Last modified
2/26/2013 11:48:07 AM
Creation date
2/25/2013 8:59:05 AM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency
Date
2/25/2013
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8.A. - Page 14 <br /> 31. Relocation Waiver. Licensee fully releases and discharges City from all and any manner of <br /> rights, demands, liabilities, obligations, claims, or causes of action, in law or equity, of whatever <br /> kind or nature, whether known or unknown, whether now existing or hereinafter arising, which <br /> arise from or relate in any manner to the sale of the Docktown Marina, the full or partial <br /> termination of Licensee's right to use the Berth or the Docktown Marina property as permitted <br /> under this Agreement, or the relocation of Licensee's business operations (as applicable) or the <br /> relocation of any person or persons, business or businesses, or other occupant or occupants <br /> located on the Docktown Marina Property, including without limitation the specific waiver and <br /> release of any right to any relocation benefits, assistance and/or payments under Government <br /> Code section 7260 et seq. ("Relocation Assistance Law"), notwithstanding that such relocation <br /> assistance, benefits and/or payments may be otherwise required under the Relocation <br /> Assistance Law or other state or federal law, and compensation for any interest in Licensee's <br /> business operations or the Docktown Property including but not limited to the Slip; license or <br /> leasehold bonus value; fixtures, furniture, or equipment; loss of business goodwill; severance <br /> damage; attorneys' fees or any other compensation of any nature whatsoever. Licensee <br /> acknowledges and agrees that the release and waiver set forth in this paragraph is material <br /> consideration for City's licensing of the Slip to Licensee on the terms set forth herein and that, <br /> but for this release and waiver, City would not have licensed the Slip to Licensee. It is hereby <br /> intended that the above release relates to both known and unknown claims that the Licensee <br /> may have, or claim to have, against City with respect to the subject matter contained in this <br /> Section or the events relating thereto. By releasing and forever discharging claims both known <br /> and unknown which are related to or which arise under or in connection with the items set out <br /> above, the Licensee expressly waives any rights under California Civil Code section 1542, <br /> which provides: <br /> "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE <br /> CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER <br /> FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY <br /> HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER <br /> SETTLEMENT WITH THE DEBTOR." <br /> Each signatory to this Agreement represents and warrants that he or she is fully <br /> authorized to execute this Agreement, either for himself or herself, or on behalf of his or <br /> her principal. <br /> City of Redwood City Licensee or Licensee's Agent <br /> By By <br /> By <br /> Date <br /> ATTY/AGR/2013.025/DOCKTOWN MARINA BERTHING AGREEMENT <br /> REV:02-21-13 VR <br /> Page 10 of 11 <br />
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