|
Deed. The Developer is not liable or bound in any manner by any oral or written statements,
<br />representations or information pertaining to the Affordable Site furnished by any contractor, agent,
<br />employee, servant, or other person. The Qualified Designee acknowledges that the Affordable Site
<br />Land Donation reflects the “as is” nature of this transfer and any faults, liabilities, defects, or other
<br />adverse matters that may be associated with the Affordable Site. The Qualified Designee has fully
<br />reviewed the disclaimers and waivers set forth in this Agreement with the Qualified Designee’s
<br />counsel and understands the significance and effect thereof.
<br />(2) Acknowledgment. The Qualified Designee acknowledges and
<br />agrees that (i) to the extent required to be operative, the disclaimers of warranties contained in this
<br />Section 3.6 are “conspicuous” disclaimers for purposes of all applicable laws and other legal
<br />requirements, and (ii) the disclaimers and other agreements set forth in such sections are an integral
<br />part of this Agreement, that the Land Donation of the Affordable Site has been adjusted to reflect
<br />the same and that the Developer would not have agreed to donate the Affordable Site to the
<br />Qualified Designee without the disclaimers and other agreements set forth in this Section 3.6.
<br />(3) Qualified Designee’s Release of the City. The Qualified Designee,
<br />on behalf of itself and anyone claiming by, through or under the Qualified Designee hereby waives
<br />its right to recover from and fully and irrevocably releases the City and their council members,
<br />board members, employees, officers, directors, representatives, and agents (the “Released Parties”)
<br />from any and all claims, responsibility and/or liability that the Qualified Designee may have or
<br />hereafter acquire against any of the Released Parties for any costs, loss, liability, damage,
<br />expenses, demand, action or cause of action arising from or related to (i) the condition (including
<br />any construction defects, errors, omissions or other conditions, latent or otherwise), valuation,
<br />salability or utility of the Affordable Site, or its suitability for any purpose whatsoever; (ii) any
<br />presence of Hazardous Materials; and, (iii) any information furnished by the Released Parties
<br />under or in connection with this Agreement.
<br />(4) Scope of Release. The release set forth in this Section 3.6 includes
<br />claims of which the Qualified Designee is presently unaware or which the Qualified Designee does
<br />not presently suspect to exist which, if known by the Qualified Designee, would materially affect
<br />the Qualified Designee ‘s release of the Released Parties. The Qualified Designee specifically
<br />waives the provision of any statute or principle of law that provides otherwise. In this connection
<br />and to the extent permitted by law, the Qualified Designee agrees, represents and warrants that the
<br />Qualified Designee realizes and acknowledges that factual matters now unknown to the Qualified
<br />Designee may have given or may hereafter give rise to causes of action, claims, demands, debts,
<br />controversies, damages, costs, losses and expenses which are presently unknown, unanticipated
<br />and unsuspected, and the Qualified Designee further agrees, represents and warrants that the
<br />waivers and releases herein have been negotiated and agreed upon in light of that realization and
<br />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 />ATTY/RESO.0029/CC RESO APPROVING ARCHITECTUAL PERMIT, TENTATIVE PARCEL MAP (920 SHASTA) - EXHIBIT C
<br />REV: 04-22-25 VR
<br />
<br />Page 17 of 224
|