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A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, <br />administrators, successors and assigns, hereby acknowledges that this Agreement provides <br />full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and <br />unconditionally waives any claim for compensation for injury to the remainder ("severance <br />damages"); precondemnation damages; claims for inverse condemnation; loss or impairment <br />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 1305 W. Saint Anne Place, Santa Ara, 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. The 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 25122.7, or listed pursuant to Section 25140 of the California Health and Safety <br />25K-38 <br />