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<br /> the existence, quality, nature, adequacy and physical condition of utilities serving the
<br /> Property,(iii)the development potential of the Property,and the Property's use,habitability,
<br /> merchantability, or fitness, or the suitability, value or adequacy of the Property for any
<br /> particular purpose, (iv)the zoning and other legal status of the Property or any other public
<br /> or private restrictions on use of the Property, (v)the compliance of the Property with any
<br /> applicable codes, laws, regulations, statutes, ordinances, covenants, conditions and
<br /> restrictions of any governmental or quasi-governmental entity or of any other person or
<br /> entity(including,without limitation,the Americans with Disabilities Act),(vi)the presence
<br /> of "Hazardous Substances" (as defined below) on, under or about the Property or the
<br /> adjoining or neighboring property, (vii) the condition of title to the Property, (viii) any
<br /> agreements affecting the Property,and(ix)the economics of the operation of the Property.
<br /> Subject to the other provisions of this Agreement, and except for the express
<br /> representations,warranties,covenants and agreements set forth in this Agreement or in any
<br /> document delivered in connection with the Closing, Developer, on'behalf of itself and its
<br /> successors and assigns,waives its right to recover from,and forever releases and discharges
<br /> City from any and all demands, claims, legal or administrative proceedings, losses,
<br /> liabilities,damages,penalties,fines,liens,costs or expenses whatsoever(including,without
<br /> limitation, reasonable attorneys' fees and costs), whether direct or indirect, known or
<br /> unknown,foreseen or unforeseen,that may arise on account of or in any way be connected
<br /> with the Property including,without limitation,the physical, and environmental condition
<br /> of the Property or any law or regulation applicable thereto. With respect to the waiver and
<br /> release set forth herein relating to unknown and unsuspected claims, Developer hereby
<br /> acknowledges that such waiver and release is being made after obtaining the advice of legal
<br /> counsel and with full knowledge and understanding of the consequences and effects of such
<br /> waiver. The foregoing waiver and release shall be deemed to be restated and made again as
<br /> of the Closing and shall survive Closing or earlier termination of this Agreement.
<br /> As used herein, "Hazardous Substances" shall mean asbestos (whether or not
<br /> friable),petroleum and petroleum derivatives and products,and any substance,chemical,
<br /> waste or other material which is listed,defined or otherwise identified as"hazardous" or
<br /> "toxic" under any federal, state or local ordinance or law or any administrative agency
<br /> rule or determination.
<br /> 7.2 Developer's Representations. Developer represents and warrants to City
<br /> as of the Closing Date as follows:
<br /> (a) Status. Developer is a Washington non-profit corporation.
<br /> (b) Authority. This Agreement and any documents to be executed by
<br /> Developer at Closing have been duly authorized, executed and delivered by Developer
<br /> and are binding on and enforceable against Developer in accordance with their terms.
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