|
<br />7. Possession. Seller agrees to deliver to City, on the date the Deed conveying Said Real
<br />Property to City is recorded, quiet and peaceful possession of Said Real Property.
<br />
<br />8. Waivers. The waiver by City of any breach of any covenant or agreement herein contained
<br />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 />
<br />9. Heirs. Assians. 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 />
<br />10. Time is ofthe 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 />
<br />11. Permission to Enter on Premises. It is understood and agreed that for project planning and
<br />funding purposes the Seller hereby grants to Buyer and authorized agents or contractors, the right of
<br />possession to the area described in Exhibit "A-1", "B" and "0" to perform the work described in
<br />Paragraph 25. However, said right of possession and use shall not be exercised prior to the Buyer,
<br />or Buyer's agent, providing Seller with a 48-hour prior written notice to perform the construction items
<br />listed in Paragraph 25 below.
<br />
<br />The right to use the property shall continue in effect for a period of six (6) months. All efforts shall be
<br />made to complete the described work within the proscribed period of time; however, extraordinary
<br />circumstances may occur which may require additional time to complete the work (Le. rain, labor
<br />dispute, shortage of materials). It is agreed that should the actual use extend beyond the time period
<br />delineated above, and the occurrence is verified through the contractor or City/State project
<br />inspection logs, the Buyer agrees to pay at the rate of $133.33 per month, prorated to the actual date
<br />of Buyer's termination of use.
<br />
<br />It is further understood that in no event shall the Buyer's use of the property exceed the early of either
<br />the term of the TCE described above or the project completion date.
<br />
<br />12. 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:
<br />
<br />Mitchell Family Trust
<br />Lyle B. Mitchell Trust .~
<br />8961 Ernest Fulsom Drive
<br />Garden Grove, CA 92841-4606
<br />
<br />13. Entire Aareement. 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 />issue(s) that were raised or could have been raised in connection with the acquisition of Said Real
<br />Property by City.
<br />
<br />14. EXDiration of Aareement. This PSA shall terminate and become unenforceable by any Party
<br />if City has not completed the acquisition of Said Real Property and paid the Purchase Price therefore
<br />to Seller before June 15, 2010.'PC:~.- t;;~~11-tt..t1'-ar?U~t 7--It:?-It>
<br />A)J{. ~l lL l(
<br />15. Indemnitv. Seller agrees to indemnify, defend and hold the City harmless from and
<br />against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty,
<br />punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising
<br />out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any
<br />Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the
<br />
|