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<br /> 9. Heirs, Assigns, Successors-in-Interest. This PSA, and all the terms, covenants and conditions
<br /> hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective
<br /> Parties hereto.
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<br /> 10. 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.
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<br /> 11. Permission to Enter on Premises. It is understood and agreed that for project planning and
<br /> construction the Seller hereby grants to Buyer and authorized agents or contractors, the right to enter upon
<br /> the property for the purpose of providing a Construction Work Area, as shown on the attached Exhibit "D" for
<br /> the purpose of facilitating the construction of the proposed improvements within existing public street right of
<br /> way, and for all uses incident to such and work including, without limitation, the right to grade, and to
<br /> construct, repair, remove and reconstruct pavement, berms, irrigation facilities, planters and other
<br /> improvements, together with the right to enter upon and to pass and re-pass over and along the Construction
<br /> Work Area and to deposit tools, implements, and other materials thereon, by the Buyer, its officers agents,
<br /> and employees, whenever and wherever necessary for the purpose of constructing the project known as
<br /> "Bristol Street Widening - Third Street to Civic Center Drive". This permission is granted in consideration of
<br /> the benefits which may accrue to the property. This permission shall terminate upon completion of the Bristol
<br /> Street Widening - Third Street to Civic Center Drive. It is understood that when the Buyer's need for use of
<br /> these property rights ceases, the Buyer shall discontinue all use of the property and return the property neat,
<br /> clean, and to a condition equal to or better than prior to start of construction.
<br /> 12. 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:
<br /> Maria L. Reyes
<br /> 1312 West 7th Street
<br /> Santa Ana, CA 92703
<br /> 13. 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 /> 14. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any
<br /> claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or
<br /> expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the
<br /> presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or
<br /> about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged
<br /> violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use,
<br /> generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or
<br /> about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine,
<br /> penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for
<br /> personal injury (including sickness, disease, or death, tangible or intangible property damage,
<br /> compensation for lost wages, business income, profits or other economic loss, damage to the natural
<br /> resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse
<br /> effect on the environment). This indemnity extends only to liability created prior to or up to the date this
<br /> escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow.
<br /> 15. Modification and Amendment This PSA may not be modified or amended except in writing signed
<br /> by the Seller and City.
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<br /> 25C-12
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