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<br />, <br /> <br />STATE OF CALlf'ORNIA <br /> <br />DEPARTMENT OFTR/lNSPORTATION <br /> <br />PURCHASE AND SALE AGREEMENT - REAL PROPERTY - 00-073897-01-01 <br /> <br />VIII <br />Buyer shall defend, indemniJY, and hold seller and seller's elected and appointed officers, agents and <br />em~ees 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 property. This provision shall survive transfer of title of <br />the said real property 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. <br /> <br />Hazardous Substance Condition shall mean the existence on or under, said property of a hazardous substance <br />that requires remediation and/or removal and/or to be otherwise mitigated pursuant to 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 ofCalifornJa <br /> <br />'..4Z;L- <br /> <br />David N. Ream, City Manager <br /> <br />/ '( . I (; It! 'I <br />Date' ' <br /> <br /> <br />~ <br /> <br />10~~y <br /> <br />Date <br /> <br />APM~t t\fT:L:J- <br /> <br />Joseph W. Fletchdr, City Attorney <br /> <br />I) - I ~ oY <br /> <br />Date <br /> <br />SELLER: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION <br /> <br />~ h1 {)()q <br /> <br />Geri Moore, Chief <br />Excess Land Sales <br />Southern R!W Region <br /> <br />/~ q /0 Y <br /> <br />Date <br /> <br />Page 2 of2 <br />