LIN - ACQUISITION DOCUMENTS - Laserfiche WebLink

(i) The exceptions and other matters relating to title together with all municipal and other legal requirements such as taxes, assessments, zoning, permit requirements, and building codes; (ii) The physical characteristics of the Property including but not limited to existing paving, utilities, the interior/exterior and structure of all improvements, if any, the possible existence of wells, the possible existence of toxics and hazardous materials; and, CITY acknowledges that neither the LIN nor any person purporting to act for or on behalf of the LIN has made any representation, warranty or promise of any kind, expressed or implied, to CITY upon which CITY has relied in any way with respect to the property or the improvements thereon or the use thereof. Specifically, and without limitation the generality of the foregoing, LIN disclaims and makes no warranty or representation to CITY, express, implied or otherwise, regarding or pertaining to the fitness of the Property for any purpose or use, the adequacy or value of the Property, or any improvements thereon, the zoning of the property, the physical nature and condition of the Property or the improvements thereon, or the compliance or lack thereof by LIN or any former owner or the person having any interest in or making any use of the Property or any improvements thereon, the existence of any geologic hazards, including earthquake faults or slide areas, the availability of sewer, water or other utility service, the availability of on -site water supplies, the development potential of the property, or the use of the property for any purpose. CITY may, at its election and sole expense, undertake a property investigation to determine the nature and extent of any hazardous materials present at or near the Property. Hazardous materials refers to any substance, waste or material determined by any State, Federal or local government authority to be capable of posing a risk of injury to health, safety and property including but not limited to all substances, wastes and materials designated or defined as hazardous, extremely hazardous or toxic pursuant to Section 311 of the Clean Water Act, 33 U.S.C. Section 1321; Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6903; Section 101 of the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. Section 9601; Section 25140 of the Hazardous Waste Control Law, California Health and Safety Code Section 25140; Section 25316 of the Carpenter - Presley -Tanner Hazardous Substance Account Act, California Health and Safety Code Section 25316; Section 25501 of the Hazardous Materials Release Response Plans and Inventory Law, California Health and Safety Code Section 25501; or Section 25281 of the California Health and Safety Code Section 25281; as well as asbestos and petroleum. 5 Lin\docs\acquisit.agr