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CASTANEDA, GUADALUPE
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Last modified
4/8/2024 2:10:09 PM
Creation date
4/8/2024 12:27:39 PM
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Contracts
Company Name
CASTANEDA, GUADALUPE
Contract #
A-2024-037
Agency
Public Works
Council Approval Date
4/2/2024
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or claims in favor of any third parties. The Property is not subject to a <br />Williamson Act contract or any similar agricultural agreement. <br />6.1.3 Proceedings. To the best of Seller's knowledge, <br />no legal or administrative proceeding is pending or threatened against Seller or <br />the Property nor are there any other facts or circumstances which would <br />adversely affect (i) Seller's right to convey title to the Property to Buyer as <br />contemplated in this Agreement, or (ii) Buyer's ability to own, develop and/or <br />market the Property in the manner disclosed by Buyer to Seller. To the best of <br />Seller's knowledge, there are no condemnation or eminent domain proceedings <br />pending or threatened with respect to the Property. <br />6.1.4 Binding Agreement. This Agreement constitutes <br />a legal, valid and binding obligation of Seller enforceable against Seller in <br />accordance with its terms, except to the extent that such enforcement may be <br />limited by applicable bankruptcy, insolvency, moratorium and other principles <br />relating to or limiting the rights of contracting parties generally. <br />6.1.5 Violations of Law. On the Effective Date and <br />Close of Escrow, neither this Agreement nor the Property shall be in violation <br />of any law, ordinance, rule regulation, or administrative or judicial order. <br />6.1.6 Hazardous Materials. Seller has not stored or <br />released, caused to be stored or released or approved the storage or release on <br />the Property, of any "hazardous materials" (as defined below). To the best of <br />Seller's knowledge, (a) no prior owner of the Property has stored or caused to <br />be stored any hazardous materials on the Property; (b) no hazardous materials <br />now exist in, on or under the Property in violation of any "environmental law" <br />(as defined below); (c) there are no underground tanks on the Property; (d) no <br />use of or operations on the Property have occurred which use or operation has <br />violated any applicable environmental law; and (e) the Property is not on any <br />"Superfund" list under any applicable environmental law. As used herein, <br />"environmental law" shall mean any and all present federal, state or local laws <br />(whether common law, statute, rule, regulation or otherwise), permits, orders and <br />any other requirements of Governmental Authorities relating to the environment <br />to any "hazardous materials" (as defined below) (including without limitation <br />the Comprehensive Environmental Response, Compensation and Liability Act <br />of 1980 (42 U.S.C. §§ 9601 et seq.) as amended from time to time and the <br />applicable provisions of the California Health and Safety Code and California <br />Water Code). As used herein, "hazardous materials" shall mean any <br />(a) chemical, compound, material, mixture or substance that is now defined or <br />listed in, or otherwise classified pursuant to any environmental law as a <br />"hazardous substance," "hazardous material," "hazardous waste," <br />"extremely hazardous waste," "infectious waste," "toxic waste," "toxic <br />pollutant" or any other formulation intended to define, list or classify substances <br />by reason of deleterious properties or effect and (b) petroleum, petroleum by- <br />products, natural gas, natural gas liquids, liquefied natural gas, synthetic gas <br />'® <br />
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