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ACCORDINGLY HAS APPROVED THE PHYSICAL CONDITION OF THE
<br />AFFORDABLE SITE AS OF THE EXECUTION DATE. THE QUALIFIED DESIGNEE
<br />SPECIFICALLY ACKNOWLEDGES AND AGREES THAT THE DONOR IS
<br />TRANSFERING AND THE QUALIFIED DESIGNEE IS ACCEPTING THE
<br />AFFORDABLE SITE ON AN "AS IS WITH ALL FAULTS" BASIS AND THAT THE
<br />QUALIFIED DESIGNEE IS NOT RELYING ON ANY REPRESENTATIONS OR
<br />WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS (EXCEPT AS EXPRESSLY
<br />SET FORTH IN THIS AGREEMENT) OR IMPLIED, FROM THE DONOR AS TO ANY
<br />MATTERS CONCERNING THE AFFORDABLE SITE, INCLUDING WITHOUT
<br />LIMITATION: (A) THE QUALITY, NATURE, ADEQUACY AND PHYSICAL
<br />CONDITION OF THE AFFORDABLE SITE (INCLUDING, WITHOUT LIMITATION,
<br />TOPOGRAPHY, CLIMATE, AIR, WATER RIGHTS, WATER, GAS, ELECTRICITY,
<br />UTILITY SERVICES, GRADING, DRAINAGE, SEWERS, ACCESS TO PUBLIC ROADS
<br />AND RELATED CONDITIONS); (B) THE QUALITY, NATURE, ADEQUACY, AND
<br />PHYSICAL CONDITION OF SOILS, GEOLOGY AND GROUNDWATER, (C) THE
<br />EXISTENCE, QUALITY, NATURE, ADEQUACY AND PHYSICAL CONDITION OF
<br />UTILITIES SERVING THE AFFORDABLE SITE, (D) THE DEVELOPMENT
<br />POTENTIAL OF THE AFFORDABLE SITE, AND THE AFFORDABLE SITE'S USE,
<br />HABITABILITY, MERCHANTABILITY, OR FITNESS, SUITABILITY, VALUE OR
<br />ADEQUACY OF THE AFFORDABLE SITE FOR ANY PARTICULAR PURPOSE, (E)
<br />THE ZONING OR OTHER LEGAL STATUS OF THE AFFORDABLE SITE OR ANY
<br />OTHER PUBLIC OR PRIVATE RESTRICTIONS ON THE USE OF THE AFFORDABLE
<br />SITE, (F) THE COMPLIANCE OF THE AFFORDABLE SITE OR ITS OPERATION
<br />WITH ANY APPLICABLE CODES, LAWS, REGULATIONS, STATUTES,
<br />ORDINANCES, COVENANTS, CONDITIONS AND RESTRICTIONS OF ANY
<br />GOVERNMENTAL OR QUASI-GOVERNMENTAL ENTITY OR OF ANY OTHER
<br />PERSON OR ENTITY, (G) THE PRESENCE OR ABSENCE OF HAZARDOUS
<br />MATERIALS ON, UNDER OR ABOUT THE AFFORDABLE SITE OR THE ADJOINING
<br />OR NEIGHBORING PROPERTY, AND (H) THE CONDITION OF TITLE TO THE
<br />AFFORDABLE SITE. THE QUALIFIED DESIGNEE AFFIRMS THAT THE
<br />QUALIFIED DESIGNEE HAS NOT RELIED ON THE SKILL OR JUDGMENT OF THE
<br />DONOR OR ANY OF ITS RESPECTIVE AGENTS, EMPLOYEES OR CONTRACTORS
<br />TO SELECT OR FURNISH THE AFFORDABLE SITE FOR ANY PARTICULAR
<br />PURPOSE, AND THAT THE CITY MAKES NO WARRANTY THAT THE
<br />AFFORDABLE SITE IS FIT FOR ANY PARTICULAR PURPOSE. THE QUALIFIED
<br />DESIGNEE ACKNOWLEDGES THAT HAS USED ITS INDEPENDENT JUDGMENT
<br />AND MADE ITS OWN DETERMINATION AS TO THE SCOPE AND BREADTH OF ITS
<br />DUE DILIGENCE INVESTIGATION RELATIVE TO THE AFFORDABLE SITE AND
<br />HAS RELIED UPON ITS OWN INVESTIGATION OF THE PHYSICAL,
<br />ENVIRONMENTAL, ECONOMIC AND LEGAL CONDITION OF THE AFFORDABLE
<br />SITE (INCLUDING, WITHOUT LIMITATION, WHETHER THE AFFORDABLE SITE
<br />IS LOCATED IN ANY AREA WHICH IS DESIGNATED AS A SPECIAL FLOOD
<br />HAZARD AREA, DAM FAILURE INUNDATION AREA, EARTHQUAKE FAULT
<br />ZONE, SEISMIC HAZARD ZONE, HIGH FIRE SEVERITY AREA OR WILDLAND
<br />FIRE AREA, BY ANY FEDERAL, STATE OR LOCAL AGENCY). THE QUALIFIED
<br />DESIGNEE UNDERTAKES AND ASSUMES ALL RISKS ASSOCIATED WITH ALL
<br />MATTERS PERTAINING TO THE AFFORDABLE SITE'S LOCATION IN ANY AREA
<br />ATTY/AGR/2024.193.1—AFFORDABLE HOUSING LAND DONATION AGREEMENT
<br />REV: 10-22-24 VR
<br />Page 12 of 35
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