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<br />(5) Qualified Designee shall have executed and delivered to the Title
<br />Company any other documents reasonably required by the Title Company or Qualified Designee
<br />to Close Escrow.
<br />Section 3.9 Reports. The Developer and Qualified Designee shall provide the City with
<br />copies of all reports, studies, analyses, correspondence, and similar documents, but excluding
<br />confidential or proprietary information, prepared, or commissioned by the Qualified Designee
<br />with respect to this Agreement and the Affordable Development, promptly upon receipt of written
<br />request from the City.
<br />Section 3.10 No Brokers. Each of the parties hereto represents that it has dealt with no
<br />broker or finder in connection with the potential Land Donation of the Affordable Site, and insofar
<br />as they know, no broker or other person is entitled to any commission or finder’s fee in connection
<br />with such Land Donation. Qualified Designee and Developer each agree to indemnify, defend,
<br />and hold harmless one another against any loss, liability, damage, cost, claim, or expense incurred
<br />by reason of any brokerage commission or finder’s fee alleged to be payable because of any act,
<br />omission, or statement of the indemnifying party. The foregoing obligation shall survive execution
<br />of the Effectuating Agreement and consummation of the Land Donation.
<br />Section 3.11 Natural Hazards Disclosures. Without limiting Section 3.6 or Section 5.6,
<br />the City and each of the purchasers acknowledge that the Disclosure Statutes (as defined below)
<br />provide that a seller of real property must make certain disclosures regarding certain natural
<br />hazards potentially affecting the property, as more particularly provided therein. As used in this
<br />Agreement, “Disclosure Statutes” means, collectively, California Government Code Sections
<br />8589.3, 8589.4 and 51183.5, California Public Resources Code Sections 2621.9, 2694 and 4136
<br />and any other California statutes that require the Developer to make disclosures concerning the
<br />Affordable Site. Prior to the Close of Escrow, the Developer shall have ordered a Natural Hazard
<br />Disclosure Report for the Affordable Site from the Title Company and shall deliver the same to
<br />the Qualified Designee promptly upon the Developer’s receipt thereof. The Natural Hazard
<br />Disclosure Report for the Affordable Site shall hereafter be called the “Natural Hazard Report.”
<br />The Developer and Qualified Designee hereby agree as follows with respect to the Disclosure
<br />Statutes and the Natural Hazard Reports: (1) the Natural Hazard Reports are being provided by
<br />the City for purposes of complying with the Disclosure Statutes and shall not be deemed to
<br />constitute a representation or warranty by the Developer as to the presence or absence in, at or
<br />around the Affordable Site of the conditions that are the subject of the Disclosure Statutes; and,
<br />(2) the Natural Hazard Report is for the Developer and the Qualified Designee only and are not
<br />for the benefit of, nor are to be used for any purpose by, any other party, including, without
<br />limitation, insurance companies, lenders or governmental agencies other than the City.
<br />Section 3.12 Use. The Qualified Designee hereby agrees that, unless otherwise
<br />approved in writing by the City, the Affordable Site will be used in accordance with the restriction
<br />set forth in this Agreement and the Affordable Housing Restrictive Covenant.
<br />Section 3.13 Taxes and Assessments. Prior to the Close of Escrow, the Developer shall
<br />pay all real and personal property taxes, assessments and charges and all franchise, income,
<br />employment, old age benefit, withholding, sales, and other taxes assessed against it, or payable by
<br />it, at such times and in such manner as to prevent any penalty from accruing, or any lien or charge
<br />ATTY/RESO.0024/PC RESO 901 EL CAMINO
<br />REV: 04-11-25 VR
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