Res 2014-155/Agreement of Sale with the Trust for Public Land for the City to purchase approximately 89.7 acres of land for the expansion of the Purgatory Creek Preserve Green Space

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(iv) had full, complete and satisfactory access to the Property, and all records relating to the same which City has requested and /or deemed material or relevant; and (v) had the opportunity to make all inspections and verifications which City deemed necessary for the completion of City's due diligence review for the transactions covered by this Agreement. b. City agrees that: (i) TPL has made no representations or warranties with respect to the Property except as set forth in this Agreement; (ii) TPL shall not be responsible for any statements, representations or warranties of any kind furnished to City by any real estate broker or any other person, unless the same are specifically set forth in this Agreement; (iii) no materials, brochures, or documents delivered by TPL to City or any other person shall be, or be deemed, a representation, warranty, or agreement of TPL under, or with respect to, this Agreement; and City has, and shall have, the exclusive responsibility for verifying any facts or conditions set forth or described in any such materials, brochures, or documents; and (iv) City has not undertaken any activity and will not undertake any activity which will jeopardize TPL's efforts to acquire the Property. The parties agree that any activity undertaken by City as required by law is not an activity that would be construed to jeopardize TPL's acquisition effort. C. City acknowledges that City has had a full and fair opportunity to inspect the Property and any structures or improvements on the Property and to perform any tests or analyses desired by City to satisfy City as to the condition of the Property. Except as to conditions violating applicable state and federal laws of which TPL has actual knowledge, but fails to disclose to City, City agrees to accept the Property including any structures or improvements, "as is, where is," subject to all faults of every kind and nature whatsoever, whether latent or patent and whether now or hereafter existing and subject to any violations of any law or ordinance existing on the date of closing, including without limitation those relating to the environmental condition of the Property. Except as to matters of which TPL has actual knowledge, but has failed to disclose to City, City waives any and all objections to or claims or causes of action against TPL including, but not limited to federal, state or common law actions and any private right of action under state and federal law to which the Property is or may be subject (including, but not limited to CERCLA and RCRA) regarding the physical characteristics and Agrmt of Sale City of San Marcos—Barker Tract B -2 (9- 17- 14).doc