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prorated as of the close of escrow on the basis of a 30-day month/360-day year consistent with that
<br />statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are
<br />vacant as of the date that this agreement is executed by seller, or which may be vacated by present
<br />occupants prior to close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the
<br />subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to
<br />and become the property of City during escrow.
<br />Seller hereby warrants that the rental statement referred- to shall include the terms ofalf rental agreements,
<br />tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless
<br />from all liability from any such leases or agreements. Seller also warrants that there are no oral or written
<br />leases on all or any portion of the subject property exceeding a period of one month.
<br />9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the
<br />part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said
<br />covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein.
<br />10. Heirs, Assigns, Successors-in-Interest. This PSA, and all the terms, covenants and conditions
<br />hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective
<br />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. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation
<br />at fair market value for said real property and includes payment for fixtures & equipment (improvements
<br />pertaining to the realty), goodwill (if any), and severance damages.
<br />13. 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:
<br />Joan McVay
<br />180 Woodston Way
<br />Ben Lomond, CA 95005
<br />14. Exceptions. City agrees to accept title to said real property subject to the following: NONE.
<br />15. Entire Agreement. 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 in connection with the acquisition of Said Real Property by City.
<br />16. 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 or 25122.7, 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 (Carpenter-Presley-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 />Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv)
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