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Agmt20 Casey Property Donation
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Agmt20 Casey Property Donation
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Last modified
11/17/2020 4:35:55 PM
Creation date
11/17/2020 4:31:32 PM
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Template:
Agreement
Contractor Name
Casey, Mel and Marguerite
PROJECT NAME
Property donation
RMP File Number
609
Date
11/10/2020
Reso Ref
15906
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PHYSICAL ASPECTS OF THE PROPERTY AND THE PROPERTY'S COMPLIANCE WITH <br />ALL LAWS APPLICABLE TO THE PROPERTY AND THE PROPERTY'S FITNESS FOR ITS <br />CURRENT OR INTENDED USE OR DEVELOPMENT (INCLUDING WITHOUT <br />LIMITATION THE AVAILABILITY OF FUTURE GOVERNMENTAL PERMITS OR <br />ENTITLEMENTS FOR THE PROPERTY); (II) IN CONNECTION WITH ITS <br />INVESTIGATIONS AND INSPECTIONS OF THE PROPERTY IT HAS CONTRACTED OR <br />HAD THE OPPORTUNITY TO CONTRACT WITH CERTAIN ADVISORS AND <br />CONSULTANTS, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL <br />CONSULTANTS, ENGINEERS AND GEOLOGISTS, TO CONDUCT SUCH <br />ENVIRONMENTAL, HAZARDOUS MATERIAL, GEOLOGICAL, SOILS, HYDROLOGY, <br />SEISMIC, ENDANGERED SPECIES, ARCHEOLOGICAL, PHYSICAL, STRUCTURAL, <br />MECHANICAL AND OTHER INSPECTIONS OF THE PROPERTY AS CITY DEEMED TO <br />BE NECESSARY, (III) IT IS RELYING SOLELY ON THE REPORTS OF SUCH ADVISORS <br />AND ITS OWN INVESTIGATIONS AS TO THE PROPERTY, ITS CONDITION AND OTHER <br />CHARACTERISTICS AND COMPLIANCE WITH LAWS; AND (IV) EXCEPT FOR THE <br />REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 2.2, IT IS NOT <br />ACCEPTING THE PROPERTY IN RELIANCE UPON ANY STATEMENTS OR <br />REPRESENTATIONS, EXPRESS OR IMPLIED, MADE BY DONOR OR ITS <br />REPRESENTATIVES AS TO THE CONDITION OF OR CHARACTERISTICS OF THE <br />PROPERTY, ITS FITNESS FOR USE FOR ANY PARTICULAR PURPOSE, OR THE <br />PROPERTY'S COMPLIANCE WITH ANY ZONING OR OTHER RULES, REGULATIONS, <br />LAWS OR STATUTES APPLICABLE TO THE PROPERTY, OR THE USES PERMITTED ON <br />OR THE DEVELOPMENT REQUIREMENTS FOR OR ANY OTHER MATTERS RELATING <br />TO THE PROPERTY. EXCEPT AS SET FORTH IN SECTION 2.2, DONOR HAS NO <br />LIABILITY NOR RESPONSIBILITY TO DONOR IN CONNECTION WITH THE MATTERS <br />SET FORTH IN THIS SECTION, INCLUDING, WITHOUT LIMITATION: ANY LIABILITY <br />UNDER ANY LAWS, RULES, REGULATIONS OR ORDINANCES REGULATING THE <br />ENVIRONMENT, HAZARDOUS MATERIALS, OR HUMAN HEALTH AND SAFETY. <br />20. This Agreement may be executed in one or more counterparts. Each shall be <br />deemed an original and all, taken together, shall constitute one and the same instrument. <br />21. The Parties understand and agree that they have the right to execute this Agreement <br />through paper or through electronic signature technology, which is in compliance with California <br />and Federal law governing electronic signatures. An electronic signature will have the same force <br />as a wet signature, unless the Parties do not agree to sign using an electronic signature, in which <br />case a manual signature will be accepted. The Parties agree that to the extent this Agreement is <br />signed electronically by the Parties, they have consented to conduct the transaction electronically. <br />The Parties agree that their electronic signature is intended to authenticate this writing, and it has <br />the same validity and meaning as their wet signatures. The Parties agree not to object to the <br />admissibility of this Agreement as an electronic record, or a paper copy of an electronic document, <br />or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic <br />record or electronic signature or that it is not in its original form or is not an original. <br />[Signature pages follow] <br />REV: 10-29-2020 SK <br />ATTY/AGR.2020.244/Casey Family Trust (Casey Property Donation Agreement) (Page 10 of 25) <br />
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