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12/12/2001 09: 56 7147541880 A-2001-194 Kot,'L-J W THIS AGREEMENT is entered into Ws day offir, , 2001, by and between the CITY OF SANTA ANC, a Cha= City and MUnleipti C&POMRtiOn duly ofpni:zed and existing under The Constitution ami laws of the State of California ("'City'") and the DIOCESE Of ORANGE EDUCATION AND WELFARE CORPORATION, a California nonprofit corpotution ("Developer"). WHERTAS, on Aultik 21,1995, Developer and City entered into a DevelopToint Agreement to fadlitate the physical expansion and linproveamt of an existing private secorxiazy whool (the "Project') on that certain prvqwrty gonerally located on the west sWe of Baker Street, north of St Andww Pleat, south of Edinger Avenue and cast of Bristol Street (the'"Property"), which was submqucatly amended it 1999 by a Aelw written agreement between the panics; and WHEREAS, the patches cow desire to enter into this fivther Wernerit to (a) provide for the City to reimburse Dzvelopu for a portion of Developers, demonstratcd costs to remediate Hazardous Materials which have been discovered during cautfuction of the Project to be present underneath the Property, and wbich may Dave originated on prop my now owned by the City after having recently been acquired through the exercise of the City's power of eminent domain; wid (b) provide the City with a full and indemnification and release for any strutter contribution or liability with respect to this alleged rola use of Hizardous Materials; NOW, THEREFORE, is consideration of the foregoine Recitals, and the muwal corvamis and promises herainaft cotnined, and for good and valuable consideration, the receipt and sufficimcy of which is hereby A&nowiedScd, the parties hereto agree as follows: (a) City AAR reimburse Developer for its cogs to rerne&atv mleue& of Hazardous Mateirials on the Property; Provided, however, that in no event shall City's reimbmsement exceed $190,000, in thc'aggrqw. (b) Developer shall submit paymag Invoices to City for the actual cost of rctniediation of Hazwdous, Materials. Payrrust by City to Developer shall be %NitWn 10 days from receipt of said inVoiCeS, subject to City aCCOUrAinS Procedures. (c) Developer dW1 carry out the rmediatim in substantial conf=tityAith all applicable laws, ordinances, satum. cedes, rules regulations, ortlerra and decrees of the United Metes, the State of California, the County ofOrange, the City or any other' political subdivision in which the Property is located, and of any other political aubdivision. agency, or instrumentality 7n,.4 QT! Q 7nn7 C' 3 AfT COW-) "n-" T ) - YP -i I -1.j n)jc cvi-j _ " c I I T'l