|
or about the Public Right -of -Way and Public Service Easement Area, including within the soil and
<br />ground water. If Strada discovers any Hazardous Materials on, under or about the Public Right -of -
<br />Way and Public Service Easement Area requiring remediation, then Strada shall notify City of such
<br />fact in writing. Strada shall, at its sole expense, remediate the Hazardous Materials and obtain the
<br />issuance of a certificate of completion from the San Francisco Bay Regional Water Quality Control
<br />Board pursuant to California Health & Safety Code § 25395.97 and provide copies of such
<br />certificate of completion to City. The remedial work shall be performed in accordance with all
<br />applicable Environmental Laws and governmental requirements at Strada's expense. As used in
<br />this Agreement, the term "Hazardous Materials" means any substance, material, or waste which
<br />is or becomes, prior to the close of Escrow, regulated by any local governmental authority, the State
<br />of California, or the United States Government, including, but not limited to, any material or
<br />substance which is (i) defined as a "hazardous waste," "extremely hazardous waste," or `restricted
<br />hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of
<br />the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law)),
<br />(ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety
<br />Code, Division 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii)
<br />defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section
<br />25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials
<br />Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section
<br />25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage
<br />of Hazardous Substances), (v) petroleum, (vi) asbestos or asbestos containing materials, (vii)
<br />polychlorinated byphenyls, (viii) Methyl-tert-Butyl Ether, (ix) listed under Article 9 or defined as
<br />"hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California
<br />Administrative Code, Division 4, Chapter 20, (x) designated as a "hazardous substances" pursuant
<br />to Section 311 of the Clean Water Act, (33 U.S.C. §1317), (xi) defined as a "hazardous waste"
<br />pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq.,
<br />or (xii) defined as "hazardous substances" pursuant to Section 101 of the Comprehensive
<br />Environmental Response, Compensation and Liability Act, 42 U.S.C. §9601 et seq. As used in this
<br />Agreement, the term "Environmental Laws" means all applicable laws and governmental
<br />regulations including, without limitation, all applicable federal, state, and local laws pertaining to
<br />air and water quality, hazardous waste, waste disposal, and other environmental matters, including,
<br />but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste
<br />Disposal, Resource Conservation Recovery and Comprehensive Environmental Response
<br />Compensation and Liability Acts, and the California Environmental Quality Act, and the rules,
<br />regulations, and ordinances of the City of Redwood City, the California Department of Toxic
<br />Substances Control, the Regional Water Quality Control Board, the State Water Resources Control
<br />Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies
<br />and bureaus.
<br />10.2. Maple Street Vacation Area. Strada acknowledges and agrees that prior to
<br />the Close of Escrow it will have had full opportunity to inspect and investigate every aspect of the
<br />Maple Street Vacation Area, including all matters related to legal status or requirements, physical
<br />condition, zoning, environmental condition, title and all other matters of significance. Strada
<br />specifically acknowledges and agrees that the Maple Street Vacation Area is being transferred in
<br />an "AS IS" condition and "WITH ALL FAULTS" as of the Close of Escrow. Except as expressly
<br />Exhibit F-69
<br />OAK 44843-3885-9090 vl I
<br />ATTY/AGR/2018.094/STRADA DEVELOPMENT AGREEMENT
<br />REV: 07-27-18 VR
<br />Page 69 of 94
<br />
|