MENDEZ, DIANNE ROSE - 2018 - Laserfiche WebLink

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of any order or decree or result in the breach of any contract or agreement to which the City is at present a party or by which the City is bound. (b) To City's actual knowledge, no litigation and no governmental, administrative or regulatory act or proceeding regarding the environmental, health and safety aspects of the City Property is pending, proposed or threatened. (c) City will not enter into any agreements or undertake any new obligations prior to Close of Escrow that will in any way burden, encumber or otherwise affect the City Property without the prior written consent of Mendez. (d) City is aware of its obligation under California Health and Safety Code Section 25359.7 to disclose any knowledge which they may have regarding any release of Hazardous Substances (as defined by applicable federal, state and local statutes, rules and regulations) upon or under the City Property. The City Property remains subject to ongoing environmental assessment under the oversight of the Santa Ana Regional Water Quality Control Board, Case No. 083003012T, including the presence of groundwater monitoring wells. Shell Oil Company is the responsible party for the environmental remediation. (e) To the best of City's knowledge the City Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the City, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. (f) City, as a government agency, has not been subject to real property tax assessment on the City Property. Transfer of title to the City Property to Mendez at the Close of Escrow will subject the City Property to an assessment from the Orange County Office of the Assessor and shall be the obligation of Mendez henceforth. 4.2 Representations and Warranties of Mendez. Mendez makes the following representations and warranties with respect to the Mendez Property, each of which shall survive Close of Escrow: (a) The execution and delivery of this Agreement, performance hereunder, and the consummation of the transaction contemplated hereby will not constitute a violation of any order or decree or result in the breach of any contract or agreement to which Mendez is at present a party or by which Mendez is bound. (b) To Mendez's actual knowledge, no litigation and no governmental, administrative or regulatory act or proceeding regarding the environmental, health and safety aspects of the Mendez Property is pending, proposed or threatened. Page 5 of 26