|
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 />claims regarding just, compensation for injury to the remainder ( "severance damages ");
<br />precondemnation damages; claims for inverse condemnation; loss or impairment of any "bonus
<br />value" attributable to any lease; damage to or loss of improvements pertaining to the realty;
<br />damage to or loss of machinery, fixtures, inventory, equipment and /or personal property; any right
<br />to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of
<br />the Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil
<br />Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil
<br />Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant
<br />to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred
<br />upon Defendants pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and
<br />1263.025; and attorney's fees and costs. It being understood that this is a complete and full
<br />settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating
<br />to or in connection with the acquisition of the Property by Buyer. This release shall not apply to
<br />any claims for loss of business goodwill as a result of relocation, as such claims are retained by
<br />Seller pursuant to Paragraph 12 above, or any claims arising after the date of execution of this
<br />Agreement. Further, this release shall not affect any rights or obligations pertaining to relocation
<br />or relocation costs, as such rights and obligations are subject to a separate and independent
<br />agreement, as explained in Paragraph 12 above. This release shall survive the Close of Escrow.
<br />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 and
<br />assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys),
<br />and assigns, and all other persons and associations, known or unknown, from all claims and
<br />causes of 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 construct the works
<br />of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not
<br />be construed to, require Seller to indemnify Buyer for damages which may arise as a result of
<br />Buyer's efforts to construct improvements on the Property.
<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 P.O. Box 28553, Santa Ana, CA 92.799.
<br />15. Exceptions. 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,
<br />tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of
<br />any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or
<br />about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not
<br />cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous
<br />Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from,
<br />the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or
<br />becomes regulated by any local governmental authority, the State of California, or the United States
<br />Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous
<br />waste ", "extremely hazardous waste ", or "restricted hazardous waste" under Section 25115, 25117 or
<br />25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20,
<br />Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316
<br />25K -40 0)
<br />
|