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NGUYEN, HOC VAN AND DUNG THI VU
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Last modified
7/7/2021 3:10:05 PM
Creation date
2/27/2020 8:58:23 AM
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Contracts
Company Name
NGUYEN, HOC VAN AND DUNG THI VU
Contract #
A-2020-014
Agency
PUBLIC WORKS
Council Approval Date
2/4/2020
Destruction Year
0
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collected by or in the possession of Seller prior to the close of escrow shall be transferred to and <br />become the property of City during escrow. <br />Seller hereby warrants that the rental statement referred to shall include the terms of all rental <br />agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller <br />agrees to hold City harmless from all liability from any such leases or agreements. Seller also <br />warrants that there are no oral or written leases on all or any portion of the subject property <br />exceeding a period of one month. <br />10. Waivers. The waiver by City of any breach of any covenant or agreement herein <br />contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent <br />or other breach of said covenant or agreement nor a waiver of any breach of any other covenants <br />or agreements contained herein. <br />11. Heirs, Assigns, Successors -in -Interest. This PSA, and all the terms, covenants and <br />conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and <br />assigns of the respective Parties hereto. <br />12. Time is of the Essence. In all matters and things hereunder to be done and in all <br />payments hereunder to be made, time is and shall be of the essence. <br />13. Just Compensation. Seller acknowledges and agrees that said purchase price is just <br />compensation at fair market value for said real property. <br />14. Acknowledgment of Full Benefits and Release. <br />A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, <br />administrators, successors and assigns, hereby acknowledges that this Agreement <br />provides full payment for the acquisition of the Property by Buyer, and Seller hereby <br />expressly and unconditionally waives any claim for compensation for injury to the <br />remainder ("severance damages"); precondemnation damages; claims for inverse <br />condemnation; loss or impairment of any "bonus value" attributable to any lease; <br />damage to or loss of improvements pertaining to the realty; any right to repurchase, <br />leaseback from Seller, or receive any financial gain from, the sale of any portion of <br />the Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to <br />Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant <br />to Code of Civil Procedure section 1245.245; any right to enforce any other obligation <br />placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 <br />and 1263.615; any other rights conferred upon Sellers pursuant to Code of Civil <br />Procedure sections 1245,245 and 1263.615 and 1263.025; and attorney's fees and <br />costs. It being understood that this is a complete and full settlement of all acquisition <br />claims, liabilities, or benefits of any type or nature whatsoever relating to or in <br />connection with the acquisition of the Property by Buyer. This release shall survive <br />the Close of Escrow. <br />B. This Agreement arose out of Buyer's efforts to acquire the Property through its <br />municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, <br />successors and assigns, hereby fully releases Buyer, its successors, agents, <br />representatives (including attorneys), and assigns, and all other persons and <br />associations, known or unknown, from all claims and causes of action by reason of <br />any damage which has been sustained by Seller, or may be sustained by Seller, as <br />a result of Buyer's efforts to acquire the Property or to construct the works of <br />
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