75E - PH - ACQUISITION 2016-2020 W 5TH ST

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ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL RIGHT OF WAY CONTRACT This document contains personal information, and pursuant to Civil Code section 179821, it shall be kept confidential in order to protect against unauthorized disclosure. 12. Grantor represents and warrants that during the period of Grantor's ownership of the Property, there have been no disposals, releases or threatened releases of hazardous substances or hazardous wastes on, from, or under the Property, other than the contamination described in a Limited Phase II Environmental Report prepared by Eco & Associates, Inc., dated May 4, 2016 (the "Environmental Report"), which is available for inspection by Grantor. Grantor further represents and warrants that Grantor has no knowledge of any disposal, release, or threatened release of hazardous substances or hazardous wastes on, from, or under the Property which may have occurred prior to Grantor taking title to the Property, other than that described in the Environmental Report. 13. The acquisition price of the Property Interests being acquired in this transaction reflects the full and complete settlement of the Property Interests without the presence of contamination other than the contamination described in the Environmental Report, which costs to remediate are estimated at $50,000. If the Property Interests being acquired is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law in an amount exceeding $50,000, OCTA may elect to recover the additional clean-up costs from those who caused or contributed to the contamination including, but not limited to, Grantor. 14. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter of this Agreement and may not be modified except by an instrument in writing signed by the party to be bound thereby. 15. If any term or provision of this Agreement shall be held to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect. 16. Each individual executing this Agreement on behalf of an entity represents and warrants that he or she has been authorized to do so by the entity on whose behalf he or she executes this Agreement and that said entity will thereby be obligated to perform the terms of this Agreement: 17. This Agreement may be executed in counterparts, including by facsimile and/or electronic transmission (i.e., email), each of which so executed counterpart shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. 18. This Agreement may be subject to approval by OCTAs governing Board of Directors. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOLLOWS