Laserfiche WebLink
<br />14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, <br />P.O. Box 1988, in the City of Santa Ana 92702, County of Orange, State of California. The mailing <br />address of the Seller is: <br /> <br />CFRI/Greenlaw Dyer Road, LLC <br />c/o Greenlaw Partners, LLC <br />ATTN: Wilbur H. Smith III <br />4440 Von Karman Avenue, Suite 150 <br />Newport Beach, CA 92660 <br /> <br />15. Exceptions. City agrees to accept title to said real property subject to the following <br />exceptions listed on the September 28, 2007 Preliminary Title Report prepared by First American <br />Title Company: #4 through #21 ("Permitted Exceptions"), described in greater detail in Attachment <br />4, attached hereto and by this reference made a part hereof. <br /> <br />16. Entire AQreement. It is mutually agreed that the parties hereto have herein set forth the <br />whole of their Agreement. Performance of this Agreement by City shall Jay at rest, each, every, <br />and all issue(s) that were raised or could have been raised in connection with the acquisition of <br />said real property by City. <br /> <br />17. Hazardous Waste. To the best of Seller's knowledge, Seller has not used, generated, <br />released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related <br />materials ("Hazardous Materials") on, under, in, or about said real property, or transported any <br />Hazardous Materials to or from said real property in violation of any law. Seller shall not cause or <br />permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous <br />Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, said <br />real property in violation of any law. The term "Hazardous Material" shall mean any substance, <br />material, or waste which is or becomes regulated by any local governmental authority, the State of <br />California, or the United States Government, including, but not limited to, any material or <br />substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted <br />hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of <br />the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), <br />(ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety <br />Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), <br />(iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section <br />25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials <br />Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section <br />25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of <br />Hazardous Substances), (v) asbestos, (vi) polychlorinated biphenyls, (vii) listed under Article 9 or <br />defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California <br />Administrative Code, Division 4, Chapter 20, (viii) designated as a "hazardous substances" <br />pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (ix) defined as a "hazardous <br />waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. <br />S6901 et seq. (42 U.S.C. S6903) or (x) defined as a "hazardous substances" pursuant to Section <br />101 oflhe Comprehensive Environmental Response, Compensation, as amended by Liability Act, <br />42. U.S.C. S9601 et seq. (42 U.S.C. S9601). <br /> <br />18. Compliance With Environmental Laws. <br /> <br />a. To the best of Seller's knowledge, Seller has not received any notices that said real <br />property does not comply with all applicable laws and governmental regulations including, without <br />limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous <br /> <br />Page 4 of27 <br />