|
13. 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 .Cseverance damages"); precondemnation
<br />damages; claims for inverse .condemnation; loss of goodwill and/or lost profits; loss or impairment of
<br />any. "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the
<br />realty; damage to or loss of machinery, fixtures, inventory, equipment and/or personal property; any
<br />right -to repurchase, leaseback from Seller, or receive any financial gain from,'the sale of any portion
<br />of the Property , or challenge Buyer's adoption of a resolution'of necessity, pursuant to Code of Civil
<br />Procedure sections "1245.245; any right to receive any notices pursuant to 'Code of Civil Procedure'
<br />section 1245.245; any right to enforce .any other obligation placed upon Seller, pursuant to Code of
<br />Civil Procedure sections 1245.245, 1263.025'and 1263.615; any other rights conferred upon Sellers
<br />'pursuant to Code of Civil Procedure sections 1245.245 and 1 263.61 5 and '1263.025; and attorney's.
<br />fees and costs. 'It being: understood that this is a complete and full settlement of all acquisition
<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. ThisTelease shall survivethe 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
<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 ofaction by reason of
<br />any 'damage which has been sustained by Seller, or may' be sustained by Seller, as a result of
<br />Buyers efforts,toacquire 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 />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 2245 South Maple'Street, Santa Ana, CA 92707.
<br />15. Ezceotions. Cityagrees to accept title to said real property subject to the following: NONE.
<br />16. Entire Agreement. It is, mutuallyagreed 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 or25122.7, 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 />20, Chapter 6.8 (CarpenterP.resley-Tanner Hazardous Substance Account Act),, (iii) defined as a "hazardous
<br />material "hazardous substance"; or "hazardous waste" under Section 25501 of the- `California Health and
<br />2501-18
<br />
|