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F. Paragraph 5 is hereby added to the Original Agreement to read as follows:
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<br />5. District Obligations.
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<br /> a. The District shall take all necessary precautions to prevent
<br />the discharge and/or release into the environment of any hazardous
<br />materials which are in, on or under the Property during the performance of
<br />any work undertaken pursuant to this Agreement. If hazardous materials
<br />are imported onto Property as a result of the performance of the work
<br />undertaken pursuant to this Agreement, District shall be solely
<br />responsible for removing such imported hazardous materials in
<br />conformance with all governmental requirements. The District shall
<br />report to the Agency, in writing, as soon as possible after each incident,
<br />any unusual or potentially important incidents with respect to the
<br />environmental condition of the Property.
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<br /> b. A true and correct copy of any and all final reports
<br />submitted to the District relating to the presence or absence of hazardous
<br />materials on the Property, or draft reports in the event that no final report
<br />is submitted to the District within thirty (30) days of the District's receipt
<br />of the draft report, shall be provided to the City's addressed to the
<br />Executive Director of Community Development Agency, City of Santa
<br />Ana, P.O. Box 1988, M-29, Santa Ana, CA 92702.
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<br /> c. For the purposes of this Agreement, "hazardous materials"
<br />means any substance, material, or waste which is or becomes, regulated by
<br />the State, or the United States, including, but not limited to, any material
<br />or substance which is (i) defined as a "hazardous waste," "extremely
<br />hazardous waste," or "restricted hazardous waste" under Section 25115,
<br />25117 or 25122.7, or listed pursuant to Section 25140 of the California
<br />Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste
<br />Control Law), (ii) defined as a "hazardous substance" under Section
<br />25316 of the California Health and Safety Code, Division 20, Chapter 6.8
<br />(Carpenter~Presley-Tanner Hazardous Substance Account Act), (iii)
<br />defined as a "hazardous material," "hazardous substance," or "hazardous
<br />waste" under Section 25501 of the California Health and Safety Code,
<br />Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans
<br />and Inventory), (iv) defined as a "hazardous substance" under Section
<br />25281 of the California Health and Safety Code, Division 20, Chapter 6.7
<br />(Underground Storage of Hazardous Substances), (v) petroleum, (vi)
<br />friable asbestos, (vii) polychlorinated biphenyls, (viii) methyl tertiary
<br />butyl ether, (ix) listed under Article 9 or defined as "hazardous" or
<br />"extremely hazardous" pursuant to Article II of Title 22 of the California
<br />Code of Regulations, Division 4, Chapter 20, (x) designated as "hazardous
<br />substances" pursuant to Section 311 of the Clean Water Act (33 U.S.C.
<br />Section 1317), (xi) defined as a "hazardous waste" pursuant to Section
<br />1004 of the Resource Conservation and Recovery Act, 42 U.S.C. Sections
<br />6901, et seq. (42 U.S.C. Section 6903) or (xii) defined as "hazardous
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