Laserfiche WebLink
breach of said covenant or agreement nor a waiver of any breach of any other covenants or <br />agreements contained herein. <br />11. Heirs, Assions, 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 payments <br />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 the <br />Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of <br />Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of <br />Civil Procedure section 1245.245; any right to enforce any other obligation placed upon <br />Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; <br />any other rights conferred upon Sellers pursuant to Code of Civil Procedure sections <br />1245.245 and 1263.615 and 1263.025; and attorney's fees and costs. It being <br />understood that this is a complete and full settlement of all acquisition claims, liabilities, <br />or benefits of any type or nature whatsoever relating to or in connection with the <br />acquisition of the Property by Buyer. This 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 <br />and assigns, hereby fully releases Buyer, its successors, agents, representatives <br />(including attorneys), and assigns, and all other persons and associations, known or <br />unknown, from all claims and causes of action by reason of any damage which has been <br />sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to <br />acquire the Property or to construct the works of improvement thereon, or any <br />preliminary steps thereto. This Agreement does not, and shall not be construed to, <br />require Seller to indemnify Buyer for damages which may arise as a result of Buyer's <br />efforts to construct improvements on the Property. <br />This acknowledgment and release shall survive the Close of Escrow <br />16. 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 <br />address of the Seller is 2244 S. Halladay Street, Santa Ana, CA 92707. <br />16. Exceptions. City agrees to accept title to said real property subject to the following: NONE. <br />17. 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 />Page 4 of 12 <br />20B-20 <br />