Laserfiche WebLink
~ ~ <br />representations of any kind in connection with the value and <br />suitability of the Property, soils, environmental, or physical <br />conditions of the Property. <br />In particular, Seller shall permit the Buyer, it agents, <br />employees, or representatives to enter and complete soil and <br />geotechnical testing of the Property. Buyer shall pay for such <br />soil and geotechnical testing and not to allow liens or other <br />encumbrances to be recorded against the Property. Buyer shall <br />keep the Seller's Property free from any liens arising out any <br />work performed, materials, furnished, or obligations of any kind <br />whatsoever incurred by the Buyer, its agents, employees, or <br />representatives as part of the soil and geotechnical testing. <br />Buyer shall and will assume the defense and indemnify and <br />save the Owner, its employees and agents, free and harmless from <br />and against any and all claims, demands, liabilities and <br />judgments for or by reason of any damage, loss, personal injury <br />or death, caused by or arising out of Buyer, its agents, <br />employees, or representative act or failure to act in the <br />occupancy, maintenance, operation, or use of the Property as a <br />result of soil and geotechnical testing. <br />If following Buyer's investigation, Buyer determines that <br />the purchase of the Property in as "as is" condition is not <br />acceptable, then Buyer may terminate this Agreement without <br />penalty. <br />4. Conditions of Sale. Buyer's purchase of the Property <br />is subject to its satisfaction that the Property will be suitable <br />for a fire station and subject to the following: <br />A. Buyer's completing its environmental review of the <br />purchase of the Property and satisfying the <br />requirements of the California Environmental Quality <br />Act (CEQA), as amended; and <br />B. Buyer's finding that the purchase of the Property is <br />consistent with Buyer's General Plan. <br />5. Purchase In-Lieu of Condemnation. Buyer acknowledges <br />that its purchase of the Property is in lieu of condemnation and <br />Buyer shall take all appropriate actions to permit the Seller to <br />claim for income tax purposes that the Buyer would have filed an <br />eminent domain proceeding to condemn the Property had the <br />Agreement not been reached. <br />6. Closing and Related Costs. The Buyer shall pay for <br />all costs including, but not limited to, preliminary soil <br />testing, street vacation, title reports, escrow, title insurance, <br />surveying, and appraisals associated with the purchase of the <br />Property, except Seller shall pay for any sale commission arising <br />out of this purchase. Buyer and Seller are not aware of any <br />2 <br />