|
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 />C. Seller hereby acknowledges that he either has consulted with legal counsel, or had an opportunity to
<br />consult with legal counsel, regarding the provisions of the California Civil Code section 1542, which
<br />provides as follows:
<br />"A general release does not extend to claims which the creditor does not know or
<br />suspect to exist in his or her favor at the time of executing the release, which if known
<br />by him or her must have materially affected his or her settlement with the debtor."
<br />Seller acknowledges that he may have sustained damage, loss, costs or expenses which are presently
<br />unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained,
<br />may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, Seller hereby
<br />acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and
<br />hereby expressly waives any and all rights which Seller may have under California Civil Code Section 1542,
<br />or under any statute or common law or equitable principal of similar effect.
<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 1015 N. Bristol Street, Santa Ana, CA 92703,
<br />16. 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 />
|