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25C - AGMT BRISTOL PROPERTY EXCHANGE
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05/01/2018
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25C - AGMT BRISTOL PROPERTY EXCHANGE
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4/26/2018 6:47:00 PM
Creation date
4/26/2018 6:40:10 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25C
Date
5/1/2018
Destruction Year
2023
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(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 threatened. <br />(c) City will not enter into any agreements or undertake any new obligations prior' to <br />Close of Escrow that will in any way burden, encumber orotherwise affect the City <br />Property without the prior written consent of Bastida <br />(d) City is aware of its obligation under California Health and: Safety Code Section <br />253.59.7 to disclose any knowledge which they may have,regarding any release of. <br />Hazardous Substances (as defined by applicable federal, state and local "statutes, <br />rules and regulations) upon or under the City Property.. <br />(e) To the best of City's knowledge the City Property complies with all applicable `laws <br />and governmental regulations including, without limitation,. all applicable federal, <br />state; and local 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 rales, regulations, and ordinances of the City, the.Califomia'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 />(t) <br />City, as a government agency, has not been subject to -real property tax assessment <br />on the City Property. Transfer of title to the City Property to Bastida at the Close of <br />Escrow will subject the City Property to an assessment from the Orange County <br />Office of the Assessor and shall be the obligation of Bastida henceforth. <br />4.2 Reoresentations and Warranties of Bastida. Bastida makes the following representations <br />and warranties, with respect to the Bastida Property, each of which shall.survive Close of <br />Escrow: <br />(a) The 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 breach of any contract or agreement to which <br />Bastida is at present a party or by which Bastida is bound. <br />'(b) To Bastida'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 Bastida Property is pending, proposed or threatened. <br />(c) Bastida will not enter into any agreements or undertake any new obligations prior to <br />Close of Escrow that will in any way burden, encumber: or otherwise affect. the <br />Bastida Property without the prior written consent of the City. <br />(d) Bastida is aware of her obligation under California Health and Safety Code Section <br />25359.7 to disclose any knowledge which they may have regarding any release of <br />Hazardous Substances (as defined by applicable federal, state and local statutes, <br />Page 5 of 17 <br />25C-11 <br />
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