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("severance damages"); precondemnatlon damages; claims for inverse condemnation; loss or
<br />Impairment of any "bonus value" attributable to any lease;; any right to repurchase, leaseback from
<br />Seller, or receive any financial gain from, the sale of any portion of the Property, or challenge Buyer's
<br />adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245; any
<br />right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to
<br />enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections
<br />1245.245, 1269.025 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 being
<br />understood that this is a complete and full settlement of all real property and severance damage
<br />claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the
<br />acquisition of the Property by Buyer. This release shall survive the Close of Escrow.
<br />B. Under threat of eminent domain, this Agreement arose out of Buyer's efforts to acquire the Property
<br />through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators,
<br />successors and assigns, hereby fully releases Buyer, its successors, agents, representatives
<br />(including attorneys), and assigns, and all other persons and associations, known or unknown, from
<br />all claims and causes of action by reason of any damage which has been sustained by Seller, or may
<br />be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works
<br />of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be
<br />construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's
<br />efforts to construct improvements on the Property.
<br />C. Subject to the terms and conditions of the Agreement for Acquisition of Tenant -Sellers' Interest in
<br />Real Property, signed concurrently herewith, Seller and Buyer hereby acknowledge that they either
<br />have consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the
<br />provisions of the California Civil Code section 1542, which provides as follows;
<br />"A general release dazes not extend to claims which the creditor daces not know
<br />or suspect to exist In his or tier favor at the time of executing the release, which if
<br />known by him or her must have materially affected his or her settlement with the
<br />debtor."
<br />Seiler and Buyer acknowledge that they may have sustained damage, loss, costs or expenses which
<br />are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have
<br />been sustained, may give rise to additional damage, loss, costs or expenses in the future,
<br />Nevertheless, Seiler and Buyer hereby acknowledge that this Agreement has been negotiated and
<br />agreed upon in light of that situation, and hereby expressly waives any and all rights which Seller and
<br />Buyer may have under California Civil Code Section 1542, or under any statute or common law or
<br />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 Aria Is 20 Civic Center Plaza, M-36, P.O. Box
<br />1988, in the City of Santa Ana 92701, County of grange, State of California. The mailing address of the
<br />Seller is : 7745 Shadyside Way, Eastvale, California 92.880.
<br />15, Exchtions. City agrees to accept title to said real property subject to the following: NONE.
<br />16. Entire A_ greemgnt. 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, but only in connection with the acquisition of Said Beal 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 />
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