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1 <br /> the Inclusionary Parcel to be development ready, but that Sunflower Hill will need to accept the <br /> Inclusionary Parcel in its as-is condition if conveyed. The City warrants and represents that it <br /> intends to accept the Inclusionary Parcel free of encumbrances except for encumbrances <br /> mutually agreeable to the City and Sunflower Hill. <br /> 9. City to Pass-Through Disclosures. Sunflower Hill acknowledges that the City currently <br /> is not the fee owner of the Development Site or the Inclusionary Parcel and therefore the City <br /> has not undertaken nor possesses due diligence reports, studies or other disclosure documents <br /> related to the Development Site. If the City comes into possession of documents related to the <br /> Development Site from the Developer or Owners as part of the entitlement of the Irby Ranch <br /> project that are subject to release, City will use its best efforts to notify Sunflower Hill and <br /> provide Sunflower Hill a copy of, or access to, such documents as relates to the Inclusionary <br /> Parcel. <br /> Sunflower Hill acknowledges that the City may have existing records regarding the Inclusionary <br /> Parcel in its Building Division, Planning Division, Livermore-Pleasanton Fire Department, or <br /> other City archive records, but that the City is not undertaking to research or retrieve such <br /> potential records. Sunflower Hill may undertake its own research for such records as part of its <br /> due diligence regarding the Inclusionary Parcel and Project feasibility. <br /> 10. Right of Entry. Sunflower Hill acknowledges that the City is not yet the fee owner of the <br /> Inclusionary Parcel, and that Sunflower Hill will need to work directly with the Developer to <br /> gain access to the Inclusionary Parcel for any needed studies, testing or other pre-development <br /> activities for the Project. <br /> 11. Notice. Any notice, consent or other communication required or permitted under this <br /> Agreement shall be in writing and shall be delivered by hand, sent by air courier, sent by prepaid <br /> registered or certified mail with return receipt requested, or sent by facsimile, and shall be <br /> deemed to have been given on the earliest of(a) receipt or refusal of receipt; (b) one business day <br /> after delivery to an air courier for overnight expedited delivery service; (c) five (5) business days <br /> after the date deposited in the United States mail, registered or certified, with postage prepaid <br /> and return receipt requested (provided that such return receipt must indicate receipt at the address <br /> specified); or (d) on the day of its transmission by facsimile if transmitted during the business <br /> hours of the place of receipt, otherwise on the next business day,provided that a copy of such <br /> notice, consent or other communication is also delivered pursuant to clause (b) or (c) above. All <br /> references to "business days"herein shall exclude weekends and State or Federal holidays. All <br /> notices shall be addressed as follows (or to such other or further addresses as the parties may <br /> designate by notice given in accordance with this section): <br /> If to the City, at: <br /> City of Pleasanton <br /> P.O. Box 520 <br /> Pleasanton, California 94566 <br /> Attention: Nelson Fialho, City Manager <br /> Facsimile No.: (925) 931-5482 <br /> Email:NFialho @cityofpleasantonca.gov <br /> 5 <br />