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<br />( <br />. <br /> <br />STATE OF CALIFORNIA <br /> <br />DEPARTMENT OF TRANSPORTATION <br /> <br />PURCHASEANDSALEAGREEMENT-REALPROPERTY <br />DD-073891-01-01 & DD-073898-01-01 <br /> <br />The Buyer agrees that the title of the properties being conveyed shall not pass lll1til the Director's Deeds <br />have been recorded. The Buyer shall not take possession of the properties lll1til the director's Deeds are <br />recorded. <br />-.x <br />Buyer shall defend, indemnity, and hold seller and seller's elected and appointed officers, agents and <br />employees free and harmless from and against any and all liabilities, damages, claims, costs and expenses <br />(including without limitation, attorney's fees, legal expenses and consultant's fees, and investigation and <br />remediation costs) arising in whole or in part from the existence of hazardous substance, or hazardous <br />substance conditions. This indemnity is intended to address that liability for which seller may be responsible <br />arising solely out of its mere ownership of said real properties. This provision shall survive transfer oftitle of <br />the said real properties and any rescission of the said transfer. <br /> <br />"Hazardous Substance" shall mean any substance whose nature and/or quantity of existence, use, <br />manufacture, disposal of effect, render it subject to federal, state or local regulation, investigation, <br />remediation or removal as potentially injurious to public health or welfare, including the comprehensive <br />Environmental Response Compensation and Liability Act or Resource Conservation and Recovery Acts as <br />now in effect. Hazardous Substance Condition shall mean the existence on or under, said property of a <br />hazardous substance that requires remediation and/or removal and/or to be otherwise mitigated pursuant to <br />applicable law. <br /> <br />The terms and conditions of the above agreement are hereby accepted, subject to the approval of the <br />California Transportation Commission. <br /> <br />BUYER: CITY OF SANTA ANA, a Charter City and Municipal Corporation, duly organized under the <br />constitution and law of the State ofCalifomia. <br /> <br />/ ;:;/ <br />. "f // <br />0./l"~ //j7~ "C".---- <br />DAVID N. REAM, City Manage <br /> <br /> <br />/ L je/IY <br />I f <br />Date <br /> <br />. . <br /> <br />/ <br /> <br /> <br />Approved as to fonn <br />, . <br /> <br /> <br />(\; <br /> <br /> <br />SELLER: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION <br /> <br />CJfuA 711 w-< <br /> <br />GeM Moore, Chief <br />Excess Land Sales <br />Southern R/W Region <br /> <br />I~/I/OV <br /> <br />Date ' <br /> <br />Page 2 of 2 <br />