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<br />15. Al!reement. Performance of this Agreement by City shall lay at rest, each, every, and all
<br />issue(s) that were raised or could have been raised in connection with the acquisition of Said Real
<br />Property by City.
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<br />16. Hazardous Waste.
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<br />a. Two monitoring wells, MW -5 and MW -6, are located in the portion of the property that
<br />will be acquired by the City of Santa Ana. No soil samples were collected during well installation. Based
<br />on soil vapor screening conducted with an Organic Yapor Analyzer (OY A) at the time the wells were
<br />installed, there appears to be impacted soil at a depth of approximately 10 feet below ground surface in
<br />the vicinity of these wells.
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<br />Benzene concentrations above the California Maximum Contaminant Levels (MCLs) are present
<br />in groundwater in well MW-5. The impacted groundwater plume does not appear to extend beyond the
<br />intersection of Bristol and McFadden, and appears to decrease to less than the MCLs by approximately
<br />the middle of the intersection. This estimate is based on the absence of benzene concentrations in
<br />groundwater at the most down gradient well, MW-9.
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<br />Seller will provide Buyer, at Buyer's request, maps illustrating benzene concentrations in
<br />groundwater, groundwater gradient maps, and summary tables of the groundwater analytical results to
<br />date. Since samples were not collected during well installation, there is no definitive (i.e. laboratory
<br />analyzed sample) soil concentration data for these two wells.
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<br />b. Seller shall not cause or permit the presence, use, generation, release, discharge, storage,
<br />or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous
<br />Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material,
<br />or waste which is or becomes regulated by any local governmental authority, the State of California, or
<br />the United States Government, including, but not limited to, any material or substance which is (i)
<br />defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under
<br />Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety
<br />Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance"
<br />under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8
<br />(Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material",
<br />"hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety
<br />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,
<br />Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos,
<br />(vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely
<br />hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter
<br />20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33
<br />U .S.c. S 1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource
<br />Conservation and Recovery Act, 42 U.S.c. S6901 ~ ~. (42 U.S.c. S6903) or (xi) defined as a
<br />"hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response,
<br />Compensation, as amended by Liability Act, 42. U.S.C. S9601 ~~. (42 U.S.C. S9601).
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<br />17. Compliance With Environmental Laws. To the best of Seller's knowledge the Property
<br />complies with all applicable laws and governmental regulations including, without limitation, all
<br />applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste
<br />disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air,
<br />Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and
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<br />Seller's Initials T2- <:.111
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<br />25F-7
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