|
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 1245.245; 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
<br />Defendants pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and
<br />attorney's fees and costs. It being understood that this is a complete and full settlement of all
<br />acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection
<br />with the 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 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 Seller, as a result of
<br />Buyer's efforts to 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, require Seller to
<br />indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct
<br />improvements on the 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 1311 W. 9th Street, Santa Ana, CA 92703.
<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, 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
<br />the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on,
<br />under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term
<br />"Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any
<br />local governmental authority, the State of California, or the United States Government, including, but not
<br />limited to, any material or substance which is (i) defined as a "hazardous waste ", "extremely hazardous
<br />waste ", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section
<br />25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law),
<br />(ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division
<br />20, Chapter 6.8 (Carpenter - Presley - Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous
<br />material" "hazardous substance ", or "hazardous waste" under Section 25501 of the California Health and
<br />Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv)
<br />defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division
<br />20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii)
<br />25L -18
<br />
|