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STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION PURCHASE AND SALE AGREEMENT - DIRECT SALE
<br />RW 16-5 (NEW 10/2016)
<br />ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit
<br />at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814
<br />Section 5. Closing Costs and Prorations
<br />Purchaser shall pay all recording fees and the premium, if any, for the title insurance policy referred to herein. Prorations of real property taxes
<br />and assessments, rents, interest, and other expenses of the Property shall be prorated as of the date of recordation of the deed.
<br />Section 6. Title
<br />The Property is believed to be free of any liens, court judgments, loans, Deeds of Trust, and delinquent or unpaid property taxes. The sale of
<br />the Property is subject to all matters of public record and any easements, or reservations not of record or that which is reserved by Caltrans.
<br />Caltrans does not assume any liability for any possible encumbrances on the Property.
<br />Purchaser understands and agrees that the right, title, and interest in the Property to be conveyed shall not exceed that vested in the State of
<br />California, Department of Transportation, and that Caltrans will furnish no policy of title insurance. If a policy of title insurance is desired,
<br />Purchaser may obtain one at Purchaser's sole expense. The property is being conveyed subject to any special assessments, restrictions,
<br />reservations or easements of record and subject to any reservations contained in the Director's Deed. Purchaser may examine any information
<br />Caltrans has relative to these matters. Purchaser has been given the opportunity to request and inspect all documents, if any, within Caltrans
<br />possession regarding the condition of the property.
<br />Section 7. Condition of Property
<br />Purchaser waives any further right to inspect the Property and conduct tests thereon. The Property is sold "AS IS" in its present physical
<br />condition as of the date of this Agreement. Purchaser acknowledges and agrees that they are acquiring the property in its present state and
<br />condition as of the date of this Agreement, with all defects, both patent and latent, and with all faults of the property whether known or unknown,
<br />presently existing or that may hereafter arise, including, without limitation, all existing conditions, if any, of lead paint, mold or other
<br />environmental health hazards. Purchaser acknowledges and agrees that Caltrans has not made, does not make and specifically negates and
<br />disclaims any representations, warranties, promises, covenants, agreements or guarantees of any kind or character whatsoever, whether
<br />express, implied, oral or written, past, present or future, of, as to, concerning or with respect to the condition of the property.
<br />Caltrans makes no representation regarding the potential for development, subdivision, zoning, or re-zoning of the Property. Purchaser shall be
<br />responsible for compliance with any and all local codes and ordinances for permitted land uses of any kind.
<br />Section 8. No Assignment
<br />Purchaser shall not assign all or any part of the Purchaser's interest in this Agreement without first having obtained the written consent of
<br />Caltrans. Any total or partial assignment shall not relieve Purchaser of Purchaser's obligation to this Agreement.
<br />Section 9. Disclaimers
<br />The Property and the fixtures and personal property contained therein, if any, are not new, and have been subject to normal wear and tear.
<br />Purchaser understands that Caltrans makes no express or implied warranty with respect to the condition of any of the Property, fixtures or
<br />personal property. Caltrans makes no oral or written representation regarding the age of improvements, the size and square footage of the
<br />parcel or building, or the location of property lines. Apparent boundary line indicators such as driveways, fences, hedges, walls, or other barriers
<br />may not represent the true boundary lines which may only be determined by a surveyor. If any of these issues are important to Purchaser's
<br />decision to purchase, then Purchaser should investigate the Property independently. Purchaser acknowledges that it has not relied upon any
<br />representations by Caltrans with respect to the condition of the Property, the status of permits, zoning, or code compliance. Purchaser is to
<br />satisfy itself concerning these issues.
<br />Section 10. Changes During Transaction
<br />During the pendency of this transaction, Caltrans agrees that no changes in the existing leases, if any leases exist, shall be made, nor new
<br />leases or rental agreements entered into, nor shall any substantial alterations or repairs be made or undertaken to the Property without the
<br />written consent of the Purchaser.
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