Laserfiche WebLink
10/1/08 <br />undertaken only after securing any necessary permits from the appropriate governmental <br />agencies. <br />208. Condition of the Sites <br />208.1 Disclosure. Prior to the execution of this Agreement, Agency has <br />caused environmental site assessments, a "Phase I" and "Phase II" investigation of the <br />environmental condition of the Sites to be undertaken, with Phase I reports regarding <br />1006 and 1012. N. Logan dated August 10, 2004, and, with reference to 1015 N. Logan, a <br />Phase I report dated August 12, 2004 and Phase II report dated October 22, 2004 <br />(collectively "Phase I & Phase II Report"), with the cost of such investigation at the <br />expense of Agency. Agency represents and warrants that Developer has been provided a <br />copy of all reports and test results produced in connection with the Phase I and Phase II <br />environmental assessments of the Sites. <br />208.2 Investigation of Sites. The Developer shall have the right, at its <br />sole cost and expense, to engage its own environmental consultant to make further <br />investigations as Developer deems necessary. <br />208.3 Securing the Sites. Developer shall be responsible for securing <br />the Sites when title is transferred from Agency to Developer. Developer shall, at its sole <br />cost and expense, provide fencing to protect any improvements on the Sites or any <br />construction equipment and materials being stored or utilized in the development of the <br />Sites. <br />208.4 No Further Warranties As to Sites. Except as otherwise <br />provided herein, the physical condition, possession or title of the Sites is and shall be <br />delivered from Agency to Developer in an "as-is" condition, with no warranty expressed <br />or implied by Agency, including without limitation, the presence of Hazardous Materials <br />or the condition of the soil, its geology, the presence of known or unknown seismic <br />faults, or the suitability of the Sites for the development purposes intended hereunder. <br />208.5 .Developer Precautions After Closing. Upon the Closing, the <br />Developer shall take all necessary precautions to prevent the release into the environment <br />of any Hazardous Materials which are located in, on or under the Sites. Such precautions. <br />shall include compliance with all Governmental Requirements with respect to Hazardous <br />materials. In addition, the Developer shall install and utilize such equipment and <br />implement and adhere to such procedures as are consistent with commercially reasonable <br />standards as respects the disclosure, storage, use, removal and disposal of Hazardous <br />Materials. <br />208.6 Required Disclosures After Closing. After the Closing, the <br />Developer shall notify the Agency, and provide to the Agency a copy or copies, of all <br />environmental permits, disclosures, applications, entitlements or inquiries relating to the <br />Sites, including notices of violation, notices to comply, citations, inquiries, clean-up or <br />abatement orders, cease and desist order, reports filed pursuant to self-reporting <br />14 <br />