Laserfiche WebLink
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 the <br />acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any <br />claims regarding just, 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; <br />damage to or loss of machinery, fixtures, inventory, equipment and /or personal property; any right <br />to repurchase, 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 Code of Civil <br />Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil <br />Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant <br />to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred <br />upon Defendants pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and <br />1263.025; and attorney's fees and costs. It being understood that this is a complete and full <br />settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating <br />to or in connection with the acquisition of the Property by Buyer. This release shall not apply to <br />any claims for loss of business goodwill as a result of relocation, as such claims are retained by <br />Seller pursuant to Paragraph 12 above, or any claims arising after the date of execution of this <br />Agreement. Further, this release shall not affect any rights or obligations pertaining to relocation <br />or relocation costs, as such rights and obligations are subject to a separate and independent <br />agreement, as explained in Paragraph 12 above. This release shall survive the Close of Escrow. <br />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 attorneys), <br />and assigns, and all other persons and associations, known or unknown, from all claims and <br />causes of action by reason of any damage which has been sustained by Seller, or may be <br />sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works <br />of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not <br />be construed to, require Seller to indemnify Buyer for damages which may arise as a result of <br />Buyer's efforts to construct improvements on the Property. <br />14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M -36, P.O. Box <br />1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the <br />Seller is P.O. Box 28553, Santa Ana, CA 92799. <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 whole of <br />their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were <br />raised or could have been raised in connection with the acquisition of Said Real 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 of <br />any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or <br />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 Hazardous <br />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 Code, Division 20, <br />Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 <br />0- <br />