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<br />agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller
<br />agrees to hold Buyer harmless from all liability from any such leases or agreements. Seller also
<br />warrants that there are no oral or written leases on all or any portion of the subject property
<br />exceeding a period of one month.
<br />
<br />9. Waivers. The waiver by City of any breach of any covenant or agreement herein
<br />contained on the part of Seller shall not be deemed or held to be a waiver of any subsequent or
<br />other breach of said covenant or agreement nor a waiver of any breach of any other covenants
<br />or agreements contained herein.
<br />
<br />10. Heirs. AssiQns. Successors in Interest. This Agreement, and all the terms,
<br />covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators,
<br />successors and assigns of the respective parties hereto.
<br />
<br />11. Time is of the Essence. In all matters and things hereunder to be done and in all
<br />payments hereunder to be made, time is and shall be of the essence.
<br />
<br />12. Permission to Enter on Premises. Seller hereby grants City, and its authorized
<br />agents, permission to enter upon Said Real Property at all reasonable times prior to close of
<br />escrow for the purpose of making necessary inspections.
<br />
<br />13. Just Compensation. Seller acknowledges and agrees that said purchase price is just
<br />compensation at fair market value for Said Real Property and includes payment for fixtures &
<br />equipment (improvements pertaining to the realty), Bonus Value, if any, and severance damages.
<br />Payment by City to Seller for Relocation Benefits, if any, shall be paid in accordance with a
<br />separate Business Relocation Agreement, attached hereto as Exhibit "E".
<br />
<br />14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36,
<br />P.O. Box 1988, in the city of Santa Ana 92702, County of Orange, State of California. The
<br />mailing address of the Seller is:
<br />
<br />Gaston and Ruth Cilliani
<br />2544 S. Wilson
<br />Tustin, CA 92701-1268
<br />
<br />15. Exceptions. City agrees to accept title to Said Real Property subject to the following:
<br />NONE.
<br />
<br />16. AQreement. Performance of this Agreement by City shall lay at rest, each, every, and
<br />all issue(s) that were raised or could have been raised in connection with the acquisition of Said
<br />Real Property by City; provided however, that it is the Parties' intention that the Non-Exclusive
<br />License & Demolition Agreement and the Business Relocation Agreement, attached hereto as
<br />Exhibits "0" & "E", respectively, shall constitute separate Agreements between the Parties.
<br />
<br />17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous
<br />owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored,
<br />or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous
<br />Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or
<br />from the Property. Seller shall not cause or permit the presence, use, generation, release,
<br />discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the
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