|
on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other
<br />breach of said covenant or agreement nor a waiver of any breach of any other covenants or
<br />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 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 Buyers 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 Buyers 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 Buyers
<br />efforts to construct improvements on the Property.
<br />This acknowledgment and release shall survive the Close of Escrow.
<br />15. 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 2246 S. Kitson Drive, Santa Ana, CA 92707,
<br />16. Exceptions. City agrees to accept title to said real property subject to the following: TBD.
<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 />
|