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75A - PH - PROPERTY EXCHANGE
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75A - PH - PROPERTY EXCHANGE
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Last modified
8/10/2017 6:51:03 PM
Creation date
8/10/2017 6:48:52 PM
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Template:
City Clerk
Doc Type
Agenda Packet
Agency
Parks, Recreation, & Community Services
Item #
75A
Date
8/15/2017
Destruction Year
2022
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(a) The execution and delivery of this Agreement, ,performance hereunder, <br />and the consummation of the transaction contemplated hereby will not <br />constitute a violation of any order or decree or result in the breach of any <br />contract or agreement to which the City is at present a party or by which <br />the City is bound; <br />(b) To City's actual knowledge, no litigation. and no governmental, <br />administrative or regulatory act or proceeding. .regarding the <br />environmental, health and safety aspects of the Bristol Property is,pending, <br />proposed or threatened; <br />(c) City will not enter into any agreements or undertake any new obligations <br />prior to Close of Escrow that will in any way burden, encumber or <br />otherwise affect the Bristol Properly without the prior written consent of <br />Naing; <br />(d) City is aware of its obligation under California health and Safety Code <br />Section 25359.7 to disclose any knowledge which they may have <br />regarding_ any. release of Hazardous Substances (as defined by applicable <br />federal, state and local statutes,. rules and regulations) upon or under the <br />Bristol,.Property. City warrants and represents to Naing that City is not <br />aware that any such Hazardous Substances have been generated, stored or <br />disposed of upon or under the Bristol Property; and, <br />(e) To the best of City's knowledge the Bristol Property complies with all <br />applicable laws and governmentalregulations including, without <br />limitation, all applicable federal, state, and local laws pertaining to air and <br />water quality, hazardous waste, waste disposal, and other. environmental <br />matters, including, but not limited to, the Clean Water,. Clean Air, Federal <br />Water Pollution Control, Solid Waste Disposal, Resource. Conservation <br />Recovery and Comprehensive Environmental Response Compensation and <br />Liability'Acts, and the California Environment 'Quality Act, and the rules, <br />regulations, and ordinances of the City, the California Department of <br />Health Services, the Regional Water Quality Control Board, the State <br />Water Resources Control Board, the Environmental Protection Agency, <br />and all applicable federal, state, and local agencies. and bureaus. <br />(fj City, as a government agency, has not been subject to real 'property tax <br />assessment on the Bristol Property: Transfer of titleto Naing at the Close <br />of Escrow will subject the Bristol Property to an assessment from the <br />Orange County Office. of the Assessor and shall be the obligation of Naing <br />henceforth, <br />75A-10 <br />
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