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hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the
<br />respective Parties hereto.
<br />11. 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.
<br />12. Just Compensation. Seller acknowledges and agrees that said purchase price is just
<br />compensation at fair market value for said real property and includes payment for fixtures & equipment
<br />(improvements pertaining to the realty), goodwill (if any), and severance damages.
<br />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
<br />impairment of any "bonus value" attributable to any lease; damage to or loss of improvements
<br />pertaining to the realty; damage to or loss of machinery, fixtures, inventory, equipment and /or
<br />personal property; any right to repurchase, leaseback from Seller, or receive any financial gain
<br />from, the sale of any portion of the Property , or challenge Buyer's adoption of a resolution of
<br />necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any
<br />notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other
<br />obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025
<br />and 1263.615; any other rights conferred upon Sellers pursuant to Code of Civil Procedure
<br />sections 1245.245 and 1263.615 and 1263.025; and attorney's fees and costs. It being
<br />understood that this is a complete and full settlement of all acquisition claims, liabilities, or
<br />benefits of any type or nature whatsoever relating to or in connection with the acquisition of the
<br />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
<br />authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and
<br />assigns, hereby fully releases Buyer, its successors, agents, representatives (including
<br />attorneys), and assigns, and all other persons and associations, known or unknown, from all
<br />claims and causes of action by reason of any damage which has been sustained by Seller, or
<br />may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct
<br />the works of improvement thereon, or any preliminary steps thereto. This Agreement does not,
<br />and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as
<br />a result of Buyer's efforts to construct 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 2213 N. Mantle Lane, Santa Ana, CA 92705.
<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
<br />of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that
<br />were 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
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