Agmt90 DDA Sequoia Station - Laserfiche WebLink

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SW -21-1995 2356 GRRNCFF 8 FIDELL 510 472 0635 P.04/07 1) The amount of $751,446 representing the total of the reductions in purchase prices paid for certain Acquisition Parcels attributable to toxics contamination. 2) Whatever amount shall represent the total cost of toxics remediation with respect to the parcels contributed to the Project by the Developer. The total amount of such costs as of May 12. 1995, is $325,145. 3) The amount of any and all recoveries from any person or entity not a party in this Agreement with respect to the toxics remediation, net of Developer's costs incurred in obtaining such recoveries. The line item figures on which the dollar amounts set forth in this Section 4 are based appear in the set of figures entitled "Toxics Rernediation Costs for Phase I of Sequoia Station Project, as of May 12, 1995." a copy of which has been furnished to and reviewed by the Agency. c. The parries agree that the amounts set forth above are settled and binding on each party hereto_ Except to the extent expressly set forth in subsections 4(a) and (b) above, neither party hereto shall be deemed to have waived or surrendered any right. with respect to toxics remediation costs incurred subsequent to May 12, 1995 which it may have pursuam to the terms of the Phase I DDA or applicable law. d. The Developer acknowledges its obligation to pursue such remediation and monitoring to completion, as mandated by the governmental agencies having jurisdiction. The Agency acknowledges and agrees that the Developer has no obligations to the Agency to pursue such remediation and monitoring, either Pursuant to the Phase I DDA or any other document or agreement. and the Agency agrees that it shall neither have nor attempt to exert any form of control or jurisdiction over such activities without the prior written approval of the Developer. 5. NOWThe covenants set forth in 701, 702, 703 and 7hl}4off the Phase I -DNDDA shalt survive the issuance o the Certificate of Completion, as stated in such certificate. R r IFICATE oT+ COMPLETION. The Developer is now entitled to a Certificate of Completion with respect to Phase I of the Project, following the issuance of which the Agency, the City and the Developer agree that only the rights and duties set forth in this Third Amendment sball survive and be enforceable. In order to conform the form of the Certificate attached to the Phase I DDA to the existing Project, the patties agree that Attachment 8 to the Phrase I DDA is hereby amended as set forth in Exhibit A attached hereto and incorporated herein. Tuum "ENDPAM4r70 DDA 3 rune ll, lsys