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DocuSign Envelope ID:A43F09A5-E094-42413-89137-8241 CD31313584
<br /> Defendants pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and
<br /> attorney's fees and costs. It being understood that this is a complete and full settlement of all
<br /> acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection
<br /> with the acquisition of the Property by Buyer. This release shall survive the Close of Escrow.
<br /> This acknowledgment and release shall survive the Close of Escrow.
<br /> 14. Notices. The mailing address of the City of Santa Ana is 215 S. Center St (Admin Bldg. A), in the
<br /> City of Santa Ana 92705, County of Orange, State of California. The mailing address of the Seller is
<br /> 1762 W. Minerva Ave. , Anaheim CA 92804
<br /> 15. Exceptions. City agrees to accept title to said real property subject to the following: NONE.
<br /> 16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of
<br /> their Agreement.
<br /> 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant,
<br /> occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any
<br /> hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the
<br /> Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the
<br /> presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in,
<br /> or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous
<br /> Material" shall mean any substance, material, or waste which is or becomes regulated by any local
<br /> governmental authority, the State of California, or the United States Government, including, but not limited to,
<br /> any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or
<br /> "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of
<br /> the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined
<br /> as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20,
<br /> Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous
<br /> material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and
<br /> Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv)
<br /> defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division
<br /> 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii)
<br /> polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous"
<br /> pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated
<br /> as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined
<br /> as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C.
<br /> S6901 et seg. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the
<br /> Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et
<br /> seg. (42 U.S.C. S9601).
<br /> 18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies
<br /> with all applicable laws and governmental regulations including, without limitation, all applicable federal, state,
<br /> and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental
<br /> matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid
<br /> Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response
<br /> Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and
<br /> ordinances of the city within which the subject property is located, the California Department of Health
<br /> Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the
<br /> Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus.
<br /> 19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any
<br /> claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or
<br /> expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the
<br /> presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or
<br /> about, or or alleged
<br /> City Council 20 — 7 5/ 0/2
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