|
13. Acknowledgment of Full Benefits and Release.
<br /> A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators,
<br /> successors and assigns, hereby acknowledges that this Agreement provides full payment for
<br /> the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives
<br /> any claim for compensation for injury to the remainder ("severance damages");
<br /> precondemnation damages; claims for inverse condemnation; loss or impairment of any "bonus
<br /> value" attributable to any lease; damage to or loss of improvements pertaining to the realty; any
<br /> right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any
<br /> portion of 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 to Code
<br /> of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller
<br /> pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other
<br /> rights conferred upon Sellers pursuant to Code of Civil Procedure sections 1245.245 and
<br /> 1263.615 and 1263.025; and attorney's fees and costs. It being understood that this is a
<br /> complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature
<br /> whatsoever relating to or in connection with the acquisition of the Property by Buyer. This
<br /> release shall survive the Close of Escrow.
<br /> B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal
<br /> authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and
<br /> assigns, hereby fully releases Buyer, its successors, agents, representatives (including
<br /> attorneys), and assigns, and all other persons and associations, known or unknown, from all
<br /> claims and causes of action by reason of any damage which has been sustained by Seller, or
<br /> may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct
<br /> the works of improvement thereon, or any preliminary steps thereto. This Agreement does not,
<br /> and shall not be construed to, require Seller to indemnify Buyer for damages which may arise
<br /> as a result of Buyer's efforts to construct improvements on the Property.
<br /> This acknowledgment and release shall survive the Close of Escrow.
<br /> 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O.
<br /> Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address
<br /> of the Seller is 1306 W. Carlton Place, Santa Ana, CA 92707.
<br /> 15. Exceptions. City agrees to accept title to said real property subject to the following: NONE.
<br /> 16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the
<br /> whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all
<br /> issue(s) that were raised or could have been raised in connection with the acquisition of Said Real
<br /> Property by City.
<br /> 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner,
<br /> tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed
<br /> of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in,
<br /> or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not
<br /> cause or permit the presence, use, generation, release, discharge, storage, or disposal of any
<br /> Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from,
<br /> the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or
<br /> becomes regulated by any local governmental authority, the State of California, or the United States
<br /> Government, including, but not limited to, any material or substance which is(i) defined as a"hazardous
<br /> waste", "extremely hazardous waste", or"restricted hazardous waste" under Section 25115, 25117 or
<br /> 25122.7, or listed pursuant to Section 25140 of the California Health and Safety
<br />
|