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free of any possession or right of possession except that of Developer unless waived by <br />Developer in writing. <br />B. To the extent that any wall or fence serving to separate the Property from abutting property <br />encroaches onto the Property, the Agency is not responsible for terminating any possession <br />or right of possession existing by reason of such encroachment. <br />Section 208. Site Clearance <br />A. Except as otherwise provided in subsections B and C of this section, the Agency shall, <br />convey title to the Property to Developer, without removal of any improvements located on <br />the Property, including any foundations, basements, concrete, masonry, asphaltic flat work <br />and walls, and any utility lines, installations, facilities, and related equipment which are not <br />maintained on the Property pursuant to valid and enforceable easements. Developer shall be <br />responsible for any and all utility relocation expenses, the costs of which Developer agrees <br />to pay at the time such expenses, if any, are incurred. <br />B. The Agency shall not be responsible for the demolition or removal of anv subsurface <br />structure or remnant thereof (including, but not limited to, any underground storage tank) <br />the existence of which was not known to the Agency at the time of its approval of this <br />Agreement and could not have been definitely determined by the Agency prior to such time <br />through reasonable inquiry. <br />C. The Agency shall not be responsible for the demolition and removal of encroachments <br />installed, maintained, occupied or used by the owner or occupant of any property abutting <br />the Property. <br />Section 209. Soils Conditions and Hazardous Substance <br />A. It shall be the sole responsibility of Developer, at Developer's sole cost and expense, to <br />investigate and determine the soil conditions of the Property and the suitability of such <br />Property for the development proposed to be constructed by Developer. If the soil or other <br />physical conditions of the Property, or any portion thereof, are not in all respects entirely <br />suitable for the use or uses to which the Property will be put, then Developer agrees that it is <br />the sole responsibility and obligation, including financial, of Developer to take such action <br />as may be necessary to place the Property and the soil conditions of the Property in all <br />respects in a condition entirely suitable for such development. <br />B. Hazardous substances.. as used in this Agreement, shall mean any substance, material, or <br />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 <br />7 <br />3-13 <br />