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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 subject to the <br />rights of the existing tenants. <br />8. Intentionally Left Out. <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), and severance damages. City had delivered to <br />Seller an offer to purchase said real property under threat of eminent domain pursuant to <br />Government Code § 7267.2. Seller now wishes to avoid eminent domain proceedings and sell <br />said real property to the City, and City wishes to buy said real property from Seller, pursuant to <br />the terms and conditions of this Agreement in lieu of, and under threat of, condemnation. <br />14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, Attn: Kent <br />Jorgensen M-36, P.O. Box 1988, in the City of Santa Ana 92702, County of Orange, State of <br />California. The mailing address of the Seller is: <br />Jonathan and Delia Silva <br />918 N Bristol Street <br />Santa Ana, CA 92703 <br />15. Exceptions. None. <br />16. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the <br />whole of their Agreement. Performance of this Agreement by City shall lay at rest, each, every, <br />and all issue(s) that were raised or could have been raised in connection with the acquisition of <br />said real property by City. <br />3 <br />25H-23