(c) Delivery to City of the policy of title insurance as hereinabove provided;
<br />(d) Recordation of the Deed conveying sold real property to City.
<br />7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to
<br />City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all
<br />personal property.
<br />a. Buyer and Seller agree that Seller may remain at the real property, and may operate Seller's
<br />business thereon, up until 9:00 a.m. on February 1, 2017, and Seller is not obligated to pay
<br />Buyer any rental fee for the same.
<br />b, By no later than 9;00 a,m, on February 1, 2017, Seller shall have removed all merchandise,
<br />inventory, equipment, personal property, and/or removable trade fixtures from the Property,
<br />Any merchandise, inventory, equipment, personal property, and/or removable trade fixtures at
<br />the Property as of three days after close of escrow shall be deemed abandoned by Seller on
<br />that date.
<br />c. If Seller does not vacate the Property by the above stated date, the Seller agrees to have the
<br />Court immediately Issue a Writ of Possession and/or Assistance, directing the Marshall or
<br />Sheriff of Orange County to take physical possession of the Property in favor of the City,
<br />Seller waives the right to have the City file an unlawful detainer action, as well as waive the
<br />right to any hearing or any requirements for an application by City to obtain the Writ of
<br />Possession and/or Assistance and waives any and all rights to object to the Issuance of said
<br />Writ If Seller does not vacate the Property by three (3) days after close of escrow.
<br />81 Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the
<br />part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said
<br />covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein.
<br />9. Heirs, Assigns. Successors-In•laterest. This PSA, and all the terms, covenants and conditions
<br />hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective
<br />Parties hereto.
<br />10. Time is of the Essenoe, In all matters and things hereunder to be done and in all payments
<br />hereunder to be made, time is and shalt be of the essence.
<br />11. Just Compensation. Seller acknowledges and agrees that said purchase price Is just compensation
<br />at fair market value for said real property and Includes payment for and severance damages as this
<br />transaction was consummated under the threat of the exercise of eminent domain.
<br />12. 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 or impairment of any "bonus value" attributable to
<br />any lease;; any right to repurchase, leaseback from Seller, or receive any financial gain from, the sole
<br />of any portion of the Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to
<br />Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil
<br />Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to
<br />Code of Civil Procedure sections 1245.245, 1263,025 and 1253.615; any other rights conferred upon
<br />Seileres pursuant to Code of Civil Procedure sections 1245,245 and 1263,615 and 1263.025; and
<br />4463760.1 - N 1 565, 1
<br />25G-7
<br />
|