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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). Seller also <br />warrants that there are no oral or written leases on all or any portion of property, exceeding a <br />period of one month. <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 />10. Heirs, Assigns, 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 />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 />12. (Intentionally omitted). <br />13. Tenants: Neither the City nor its agents shall negotiate with and/or contact the tenants <br />in the Property until Escrow closes. <br />14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, Attn: <br />Kent Jorgensen M-36, P.O. Box 1988, in the City of Santa Ana 92702, County of Orange, State <br />of California. The mailing address of the Seller is: <br />TF Investments, LLC <br />C/O Richard L. Riemer <br />P.O. Box 6467 <br />Santa Ana, CA 92706 <br />15. Title. City agrees to accept title to said real property in its current condition per the <br />preliminary title report dated October 7, 2010. In addition, all monetary liens being recorded <br />prior to the close of escrow shall be cleared. <br />16. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth <br />the whole of their Agreement. Performance of this Agreement by City shall lay at rest, each, <br />every, and all issue(s) that were raised or could have been raised in connection with the <br />acquisition of said real property by City. <br />17. Water Heater. Notwithstanding the closing of the Escrow as it relates to the real <br />property, Escrow shall continue to hold $500 of the City's money until the City makes the water <br />heater described in paragraph 6 above available to the Seller or until May 1, 2011 whichever <br />first occurs. If the City has not made such water heater available to Seller by May 1, 2011 for <br />whatever reason (eg. the tenant has not vacated the unit, the new water heater has <br />`disappeared' or whatever) then, and in that event, Escrow Agent shall pay the $500 to Seller. <br />18. "As-Is" Sale. The City acknowledges and agrees that the sale of the Property as <br />provided for in this Agreement is being made on an "AS IS, WHERE IS" condition and basis <br />"WITH ALL FAULTS", with no right of setoff or reduction in the Purchase Price. In furtherance <br />thereof, the City hereby acknowledges and agrees as follows: <br />3