|
The City's project is being funded with federal funds, therefore Seller's expenses regarding relocation of
<br />their signs, are addressed and will be reimbursed pursuant to the Uniform Relocation Assistance and
<br />Real Property Acquisition Policies Act of 1970 ("URA"), as amended. Both of these matters (i.e., 2 pole
<br />signs and dedication of property) will be handled pursuant to the relocation benefits afforded to the Seller
<br />under the URA. Relocation benefit payments for the two pole signs will be paid through this claim
<br />process.
<br />17. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole
<br />of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that
<br />were raised or could have been raised in connection with acquisition of Said Real Property by the City.
<br />18. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner,
<br />tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of
<br />any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or
<br />about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not
<br />cause or permit the presence, use, generation, release, discharge, storage, or disposal of any
<br />Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from,
<br />the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or
<br />becomes regulated by any local governmental authority, the State of California, or the United States
<br />Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous
<br />waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or
<br />25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20,
<br />Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316
<br />of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous
<br />Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous
<br />waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95
<br />(Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance"
<br />under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground
<br />Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii)
<br />listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title
<br />22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous
<br />substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. 51317), (x) defined as a
<br />"hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C.
<br />S6901 et sec. (42 U.S.C. 56903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of
<br />the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C.
<br />S9601 et seq. (42 U.S.C. S9601).
<br />19. Compliance With Environmental Laws. To the best of Seller's knowledge the Property
<br />complies with all applicable laws and governmental regulations including, without limitation, all applicable
<br />federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and
<br />other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water
<br />Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive
<br />Environmental Response Compensation and Liability Acts, and the California Environment Quality Act,
<br />and the rules, regulations, and ordinances of the city within which the subject property is located, the
<br />California Department of Health Services, the Regional Water Quality Control Board, the State Water
<br />Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and
<br />local agencies and bureaus.
<br />20. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against
<br />any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage,
<br />or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon
<br />(i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on,
<br />under, in, or the transportation of any such materials to or from, the Property, or (ii) Seller's violation of
<br />Awchat e and S+ilcs /Argon v A ' ZONI, N'cr. 20170727
<br />
|