Laserfiche WebLink
that the Qualified Designee nevertheless hereby intends to release, discharge and acquit the City <br />from any such unknown causes of action, claims, demands, debts, controversies, damages, costs, <br />losses and expenses. Accordingly, the Qualified Designee, on behalf of itself and anyone claiming <br />by, through or under the Qualified Designee, hereby assumes the above-mentioned risks and <br />hereby expressly waives any right the Qualified Designee and anyone claiming by, through or <br />under the Qualified Designee, may have under Section 1542 of the California Civil Code, which <br />reads as follows: <br />"A general release does not extend to claims that the creditor or releasing party <br />does not know or suspect to exist in his or her favor at the time of executing <br />the release, and that if known by him or her, would have materially affected <br />his or her settlement with the debtor or released Party." <br />Qualified Designee's Initials: <br />Notwithstanding the foregoing, 'this release shall not apply to, nor shall the City be released <br />from, the City's actual fraud or misrepresentation. <br />Section 3.7 Delivery of Effectuating_ Agreements. <br />(a) Prior to Close of Escrow, the parties shall execute and deliver to the Title <br />Company the following documents (collectively, the "Effectuating Agreements"): <br />(1) the Grant Deed executed by the Donor, or alternatively, executed by <br />Square Trufund LLC if Donor's right to purchase the Affordable Site was assigned to the Qualified <br />Designee; <br />(2) the Affordable Housing Restrictive Covenant executed by the <br />Qualified Designee and the City; <br />Designee; <br />(3) the Irrevocable Offer to Dedicate executed by the Qualified <br />(4) the Deed of Trust executed by the Qualified Designee; <br />(5) the Assignment of Contracts executed by the Qualified Designee <br />with the executed consents of relevant contractors; <br />(6) If necessary, the Assignment and Assumption Agreement executed <br />by the Qualified Designee and its permitted transferee; <br />(7) The Partial Assignment and Assumption of the Development <br />Agreement executed by the Developer and the Qualified Designee. <br />(b) The terms of the Effectuating Agreements shall be subject to the approval <br />of the City, and Qualified Designee and, to the extent the Donor is a party thereto, the Donor, <br />which approval shall not be unreasonably withheld, and no party shall be obligated to enter into <br />any of the Effectuating Agreements or to proceed with the transactions contemplated herein unless <br />ATTY/AGR/2024.193.1—AFFORDABLE HOUSING LAND DONATION AGREEMENT <br />REV: 10-22-24 VR <br />Page 14 of 35 <br />