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of any order or decree or requIt in the branch of any r.nntrnnr or agreement to which
<br />the City is at present a party or by which the City is bound,
<br />(b) To City's actual knowledge, no litigation and no governmental, administrative or
<br />regulatory act or proceeding regarding the environmental, health and safety aspects
<br />of the City Property is pending, proposed or Qtteatened,
<br />(c) City will not enter Into any agreements or undertake any new nhligatinn.s prior to
<br />Close of Escrow that will In any way burden, encumber or otberwise affect the City
<br />Property without the prior written consent of Mendez.
<br />(d) City is aware of its obligation under Califomia Health and Safety Code Section
<br />25359,7 to disclose any knowledge whi.oh they may have regarding any release of
<br />Hazardous Substances (as defined by applicable federal, state and local statutes,
<br />riles and regulations) upon or under the City Property. The City Property remains
<br />subject to ongoing environmental assessment under the oversight of the Santa Ana
<br />Regional Water Quality Control Board,, Case No. 0$30030127, including the
<br />presence of groundwater monitoring wells. Shot] Oil Company is the responsible
<br />party for the environmental remediation,
<br />(c) To the best of City's knowledge the City Property compiles with all applicable laws
<br />and governmental regulations including, without limitation, all applicable federal,
<br />state, and lora] laws pertaining to air and water quality, hazardous waste, waste
<br />disposal, and other environmental matters, including, but not limited to, the Clean
<br />Water, Clean Air, Federal Water Pollution Control, Solid Waste ]Disposal, Resource
<br />Conservation Recovery and Comprehensive Environmental Response
<br />Compensation and Liability Acts, and the California, Environment Quality Act, and
<br />the rules, regulations, and ordinances of the City, the California Department of
<br />Health Services, the Regional Water Quality Control Board, the State Water
<br />Resources Control Board, the Environmental Protection Agency, and all applicable
<br />federal, state, and local agencies and. bureaus,
<br />(f) City, as a government agency, has not been subject to real property tax assessment
<br />on. the City Property. Trnn.afer of title to the City Property to Mendez st the Cime
<br />of Escrow will subject the City Property to an assessment iirom the Orange County
<br />O ice of the Assessor and shall be the obligation of Mendez henceforth.
<br />4.2 Reot'esentations at7d 4 arrantieg of Mendez. Mendez makes the following representations
<br />and warranties with rc9pcct to the Mendez Property, each of which shall survive Close of
<br />Escrow:
<br />(a) rhe execution and delivery of this Agreement, performance hereunder, and the
<br />consummation of the transaction contemplated hereby will not constitute a violation
<br />of any order or decree or result in the broach of any contract or agreement to which
<br />:Mendez is at present a party or by which Mendez is bound,
<br />(b) To Mendez's actual knowledge, no litigation and no governmental, administrative
<br />or regulatory act or proceeding regarding the environmental, bcaltb and safety
<br />aspects of the Mendez Property is pending, proposed or threatened.
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