Agmt 94 State of CA DOT Fund Transfer Agmt FTA04A39 Jefferson Ave grade sep

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• AGREEMENT NO . FTA04A39 -2- ATTACHMENT V Page 2 of 2 BE IT FURTHSER. RESOLVED, that all properties, discovered with hazardous wastes which exceed the federal/state standards, will be cleaned up to the satisfaction e of the reaposnsible local, state and/or federal regulatory iagency. Thee cleanup appropriate —egulatory agency shall certify to grant app has been completed; and BE IT FURTHER RESOLVED, that the grant app licant will certify by formal resolution to the .Commission that all reasonable steps have been completed to assure full due diligence in the discovery of hazardous waste has been achieved during the acquisition of rail right-of-way and the state is held harmless from cleanup liabLlity or damages, both present and future; and BE IT FVRTHEct RESOLVED, that the grant applicant will certify by formal resolution treat it will not seek further state funding, for cleanup, damages, or liability coast associated with hazardous wastes on or below acquired property's surface; and BE IT TURTHEER RESOLVED, that the grant applicant will certify to the Commissions O .. that a.1 rail right-of-way acquisition properties have been investigated and ha'ce been found clean; - - o or tharz the cleanup• of discovered hazardous waste has been completed prior to acg_auisition of the property; o or that the grant applicant has obtained permanent easement and the subaurt ace rights and liability and full responsibility to ?ay for and remove such hazardous waste remains with the seller in conformance with applic-.able State and Federal law; o or if «hazardous wastes are known to exist prior to acquisition and if the applic-aant determines that time is of the essence for acquisition, then and in than event, an enforceable agreement will be entered into requiring the respon:s able party(ies) to clean all hazardous wastes by a date certain, with tie option of funds sufficient for the clean-up costs deposited in escrow by the seller: In the event of failure to clean up by the data determined, the recipient of the grant will wake full restitution to the State for its participation. This to resolve does- not edeamountafterctheehazardousewaste(s) havelbeenyfully not exceed the rca_unde from the subject site; and BE IT FURTiiai RESOLVED, that the grant applicant will certify to the Commission that the aeiaer from whom properties have been acquired retain liability for any hazardous waists investigation and/or cleanup, and damages discovered subsequent to the trans:fer of title,. and' • BE IT Tt7RTHELR RESOLVED, the Commission declares all future liability resulting from hazardorse wastes remain with the seller or the grant applicant, not the state, and tha grant applicant has been indemnified by the seller for any coats resulting fr©m fa-lure to eliminate hazardous wastes; and BE IT EPURTHETR RESOLVED, no state funds will be made available for any future •\ costs associated with cleanup, damages, or liability costs associated with hazardous wasstee on or below the acquired property' s sur°_ace.