|
of any "bonus value" attributable to any lease; damage to or loss of improvements pertaining
<br />to the realty; 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,
<br />1263.025 and 1263.615; any other rights conferred upon Sellers pursuant to Code of Civil
<br />Procedure sections 1245.245 and 1263.615 and 1263,025; and attorney's fees and costs. It
<br />being understood that this is a complete and full settlement of all acquisition claims, liabilities,
<br />or benefits of any type or nature whatsoever relating to or in connection with the acquisition of
<br />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
<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
<br />construct the works of improvement thereon, or any preliminary steps thereto. _ This
<br />Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for
<br />damages which may arise as a result of Buyer's efforts to construct improvements on the
<br />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.
<br />Box 1988, in the City of Santa Ana 92701, County of Orange, State of California, The mailing
<br />address of the Seller is 1241 W. Glenwood Pi., Santa Ana, CA 92707.
<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
<br />whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all
<br />issue(s) that were raised or could have been raised in connection with the acquisition of Said Real
<br />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
<br />of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in,
<br />or about the Property, or transported any Hazardous Materials to or from the Property Seller shall
<br />not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any
<br />Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or
<br />from, the Property, 'rhe term "Hazardous Material" shall mean any substance, material, or waste
<br />which is or becomes regulated by any local governmental authority, the State of California, or the
<br />United States Government, including, but not limited to, any material or substance which Is (1) defined
<br />as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section
<br />25115, 25117 or 251227, or listed pursuant to Section 25140 of the California Health and Safety
<br />Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (11) defined as "hazardous
<br />substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8
<br />(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
<br />and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and
<br />Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and
<br />Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v)
<br />25K-24
<br />
|