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ATTY/AGR/2025.084/920 SHASTA AFFORDABLE HOUSING LAND DONATION AGREEMENT
<br />REV: 10-16-25 VR
<br />Page 16 of 41
<br />(a) “AS IS” TRANSFER. THE QUALIFIED DESIGNEE
<br />ACKNOWLEDGES THAT IT HAS BEEN PROVIDED THE OPPORTUNITY TO
<br />INVESTIGATE THE AFFORDABLE SITE PRIOR TO THE EXECUTION DATE, AND
<br />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 DEVELOPER IS
<br />TRANSFERRING 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 DEVELOPER AS TO
<br />ANY 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 />DEVELOPER OR ANY OF ITS RESPECTIVE AGENTS, EMPLOYEES OR
<br />CONTRACTORS TO SELECT OR FURNISH THE AFFORDABLE SITE FOR ANY
<br />PARTICULAR PURPOSE, AND THAT THE CITY MAKES NO WARRANTY THAT
<br />THE AFFORDABLE SITE IS FIT FOR ANY PARTICULAR PURPOSE. THE
<br />QUALIFIED DESIGNEE ACKNOWLEDGES THAT HAS USED ITS INDEPENDENT
<br />JUDGMENT AND MADE ITS OWN DETERMINATION AS TO THE SCOPE AND
<br />BREADTH OF ITS DUE DILIGENCE INVESTIGATION RELATIVE TO THE
<br />AFFORDABLE SITE AND HAS RELIED UPON ITS OWN INVESTIGATION OF THE
<br />PHYSICAL, ENVIRONMENTAL, ECONOMIC AND LEGAL CONDITION OF THE
<br />AFFORDABLE SITE (INCLUDING, WITHOUT LIMITATION, WHETHER THE
<br />AFFORDABLE SITE IS LOCATED IN ANY AREA WHICH IS DESIGNATED AS A
<br />SPECIAL FLOOD HAZARD AREA, DAM FAILURE INUNDATION AREA,
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