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(a) Conveyance of said real property by Seller to City as hereinabove provided; <br />(b) Acceptance by City of a Grant Deed conveying said portion of real property to City; <br />(c) Acceptance by City of a Temporary Construction Easement to City; <br />(d) Delivery to City of the policy of title insurance as hereinabove provided; <br />(e) Recordation of the Deed conveying said portion of real property to City <br />7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to <br />City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all <br />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 City and deliver same to "City within <br />fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be <br />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. In return, the City agrees to reimburse seller lost rentals incurred by <br />keeping units vacant through the 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 escrow shall <br />be transferred to and become the property of City during escrow. <br />Seller hereby warrants that the rental statement referred to shall include the terms of all 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. 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 ( "severance 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 />25E -7 <br />