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EARTHQUAKE FAULT ZONE, SEISMIC HAZARD ZONE, HIGH FIRE SEVERITY
<br />AREA OR WILDLAND FIRE AREA, BY ANY FEDERAL, STATE OR LOCAL
<br />AGENCY). THE QUALIFIED DESIGNEE UNDERTAKES AND ASSUMES ALL RISKS
<br />ASSOCIATED WITH ALL MATTERS PERTAINING TO THE AFFORDABLE SITE'S
<br />LOCATION IN ANY AREA DESIGNATED AS A SPECIAL FLOOD HAZARD AREA,
<br />DAM FAILURE INUNDATION AREA, EARTHQUAKE FAULT ZONE, SEISMIC
<br />HAZARD ZONE, HIGH FIRE SEVERITY AREA OR WILDLAND FIRE AREA, BY ANY
<br />FEDERAL, STATE OR LOCAL AGENCY.
<br />(1) Survival. The terms and conditions of this Section 3.6 shall
<br />expressly survive the Close of Escrow, shall not merge with the provisions of the Grant Deed, or
<br />any other closing documents and shall be deemed to be incorporated by reference into the Grant
<br />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 Land Donation
<br />of the Affordable Site reflects the "as is" nature of this transfer and any faults, liabilities, defects,
<br />or other adverse matters that may be associated with the Affordable Site. The Qualified Designee
<br />has fully reviewed the disclaimers and waivers set forth in this Agreement with the Qualified
<br />Designee's counsel and understands the significance and effect thereof.
<br />(2) Acknowled rg Hent. 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
<br />Parties") from any and all claims, responsibility and/or liability that the Qualified Designee may
<br />have or 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) Scone 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 />AT-TY/AGR/2025.084/920 SHASTA AFFORDABLE HOUSING LAND DONATION AGREEMENT
<br />REV: 10-16-25 VR
<br />Page 17 of 41
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