|
pertaining to the subject property collected by or in the possession of Seller prior to the close of
<br />escrow shall be transferred to and 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
<br />subsequent or other breach of said covenant or agreement nor a waiver of any breach of any
<br />other covenants 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, Acknowledament 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
<br />hereby expressly and unconditionally waives any claim for compensation for injury
<br />to the remainder ("severance damages"); precondemnation damages; claims for
<br />inverse condemnation; loss or impairment of any "bonus value" attributable to any
<br />lease; damage to or loss of improvements pertaining to the realty; any right to
<br />repurchase, leaseback from Seller, or receive any financial gain from, the sale of
<br />any portion of the Property , or challenge Buyer's adoption of a resolution of
<br />necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to
<br />receive any notices pursuant to Code of Civil Procedure section 1245.245; any
<br />right to enforce any other obligation placed upon Seller pursuant to Code of Civil
<br />Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred
<br />upon Sellers pursuant to Code of Civil Procedure sections 1245.245 and 1263.615
<br />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
<br />type or nature whatsoever relating to or in connection with the acquisition of the
<br />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
<br />municipal authority. Seller, on behalf of himself, his heirs, executors,
<br />administrators, successors and assigns, hereby fully releases Buyer, its
<br />successors, agents, representatives (including attorneys), and assigns, and all
<br />other persons and associations, known or unknown, from all claims and causes of
<br />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
<br />construct the works of improvement thereon, or any preliminary steps thereto. This
<br />
|