|
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 />claim for compensation for injury to the remainder ("severance damages"); precondemnation
<br />damages; claims for inverse condemnation; loss of goodwill and/or lost profits; loss or impairment of
<br />any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the
<br />realty; damage to or loss of machinery, fixtures, inventory, equipment and/or personal property; any
<br />right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion
<br />of the Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil
<br />Procedure sections 1245,246; any right to receive any notices pursuant to Code of Civil Procedure
<br />section 1245,245: any right to enforce any other obligation placed upon Seller pursuant to Code of
<br />Civil Procedure sections 1245.245, 1263.025 and 1263,615; any other rights conferred upon Sellers
<br />pursuant to Code of Civil Procedure sections 1246.245 and 1263.616 and 1263.025; and attorney's
<br />fees and costs. it being understood that this is a complete and full settlement of all acquisition claims,
<br />liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition
<br />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 authority.
<br />Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully
<br />releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all
<br />other persons and associations, known or unknown, from all claims and causes of action by reason of
<br />any damage which has been sustained by Seller, or may be sustained by Seiler, as a result of Buyer's
<br />efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary
<br />steps thereto, This Agreement does not, and shall not be construed to, require Seller to indemnify
<br />Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the
<br />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. Box
<br />1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the
<br />Seller is 2247 S. Evergreen Street, Santa Ana, CA 92707.
<br />16. Exceations, 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, tenant,
<br />occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any
<br />hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the
<br />Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the
<br />presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in,
<br />or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous
<br />Material" shall mean any substance, material, or waste which is or becomes regulated by any local
<br />governmental authority, the State of California, or the United States Government, including, but not limited to,
<br />any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or
<br />"restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of
<br />the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (4) defined
<br />as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20.
<br />Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (N) defined as a "hazardous
<br />material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and
<br />
|