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DOC #2024-0128987 Page 5 of 13 <br />16. Authority to Execute. The person or persons executing this Agreement warrant and <br />represent that they have the authority to execute this Agreement on behalf of the legal, fee title <br />owners of the Property. <br />17. Waiver and Release. Property Owners hereby waives and releases any and all <br />claims it may have against City, and its elected and appointed officials, officers, employees and <br />agents with respect to any City actions or omissions relating to the development of the Property, <br />and the Parties' entry into, and execution of, this Agreement. Property Owners makes such waiver <br />and release with full knowledge of Civil Code Section 1542, and hereby waives any and all rights <br />thereunder to the extent of this waiver and release, of such Section 1542 is applicable. Civil Code <br />Section 1542 provides as follows: <br />"A general release does not extend to claims which the creditor does not know or <br />suspect to exist in his or her favor at the time of executing the release, which if <br />known by him or her must have materially affected his or her settlement with the <br />debtor." <br />18. Construction. The Parties agree that each Party and its counsel have reviewed this <br />Agreement and that any rule of construction to the effect that ambiguities are to be resolved against <br />the drafting Party shall not apply in the interpretation of this Agreement. The Parties further agree <br />that this Agreement represents a voluntary "arms -length" transaction agreed to by and between the <br />Parties and that each Party has had the opportunity to consult with legal counsel regarding the <br />terms, conditions and effect of this Agreement. <br />19. Entire Agreement. This Agreement sets forth and contains the entire understanding <br />and agreement of the Parties as to the matters contained herein, and there are no oral or written <br />representations, understandings or ancillary covenants or agreements which are not contained or <br />expressly referenced herein, and no testimony or evidence of any such representations, <br />understandings or covenants shall be admissible in any preceding of any kind or nature to interpret <br />or determine the terms or conditions of this Agreement. <br />CITY OF <br />By: <br />die Tejeda, Mayor <br />ATTEST: <br />B <br />e Donaldson, City Clerk <br />PROPERTY OWNER <br />By: <br />ErnestA I1 ke_ , Owner <br />By-7�.' <br />Nancy Aloe Zinke, Owner <br />5 <br />I:\cmo\Agreements\31565 Highland Ave. Agreement for Annexation and Provision for City Utility services FY23-0066.docx-ms <br />