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(d) Recordation of the Deed conveying said real property to City. <br /> 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real <br /> property to City is recorded, quiet and peaceful possession of said real property, which shall be <br /> made free by Seller of all personal property. <br /> 8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct <br /> statement of rentals (Seller Estoppel) on a form furnished to Seller by Buyer and deliver same to <br /> Buyer within fifteen (15) days hereof with copies of any written leases or rental agreements <br /> attached. All rents will be prorated as of the close of escrow on the basis of a 30-day month/360- <br /> day year consistent with that statement, subject to approval of Buyer. Seller hereby agrees not to <br /> rent any units on the premises which are now vacant, or which may be vacated by present <br /> occupants prior to close of escrow. Seller agrees that any and all Tenant Security Deposits <br /> pertaining to the subject property collected by or in the possession of Seller prior to the close of <br /> escrow shall be transferred to and become the property of Buyer during escrow. <br /> Seller hereby warrants that the rental statement referred to shall include the terms of all rental <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 /> 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained <br /> on the part of Seller shall not be deemed or held to be a waiver of any subsequent or other <br /> breach of said covenant or agreement nor a waiver of any breach of any other covenants or <br /> agreements contained herein. <br /> 10. Heirs, Assigns, Successors in Interest. This Agreement, and all the terms, covenants and <br /> conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and <br /> assigns of the respective parties hereto. <br /> 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments <br /> hereunder to be made, time is and shall be of the essence. <br /> 12. Permission to Enter on Premises. Seller hereby grants City, and its authorized agents, <br /> permission to enter upon said real property at all reasonable times prior to close of escrow for the <br /> purpose of making necessary inspections. <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), goodwill (if any), and severance damages. City <br /> had delivered to Seller an offer to purchase said real property under threat of eminent domain <br /> pursuant to Government Code § 7267.2. Seller now wishes to avoid eminent domain proceedings <br /> and sell said real property to the City, and City wishes to buy said real property from Seller, <br /> pursuant to the terms and conditions of this Agreement in lieu of condemnation. <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 92702, County of Orange, State of California. The mailing <br /> <br /> address of the Seller is: <br /> Mark and Cindy S. Evans <br /> 435 Hilledge Dr <br /> Laguna Beach, CA 9265 <br /> 3 <br /> Exhibit 3 <br /> 25F-10 <br /> <br />