AgdaPkt 2021.02.08 Joint SA PFA - Laserfiche WebLink

Browse Search

6.B. - Page 23 of 113 foregoing indemnity shall further apply to any residual contamination in, on, under or about the Property or affecting any natural resources, and to any contaminationof any property or natural resources arising in connection with the generation, use, handling, treatment, storage, transport or disposal of any such Hazardous Material, and irrespective of whether any of such activities were or will be undertaken in accordancc with Environmcntal Laws. The provisions of this Section 7.2 shall be in addition to any and all other obligations and liabilities that Developer may have under applicable law, and each Indemnitee shall be entitled to indemnification under this Section without regard to whether City or that Indemnitee has exercised any rights against the Property or any other security, pursued any rights against any guarantor or other party, or pursued any other rights available under the City Documents or applicable law. Developer' s indemnification obligations set forth in this Section shall survive the expiration or earlier termination of this Agreement, the recordation of a Certificate of Completion, any foreclosure proceeding, any foreclosure sale, any delivery of any deed in lieu of foreclosure, and any release of record of the lien of the Deed of Trust. Developer's indemnification obligations pursuant to this Section shall not extend to Claims to the extent arising from the gross negligence or willful misconduct of the Indemnitees, and are subject to the additional terms set forth in Section 11.2 below. 7.3 Disclosure. Developer represents and warrants that except as disclosed to City in writing, as of the Effective Date, to the best knowledge of the officers of Developer: (i) the Property is free and has always been free of Hazardous Materials and is not and has never been in violation of any Hazardous Materials Law; (ii) there are no buried or partially buried storage tanks located on the Property, (iii) Developer and its officers have received no notice, warning, notice of violation, administrative complaint, judicial complaint, or other formal or informal notice alleging that conditions on the Property are or have ever been in violation of any Hazardous Materials Law or informing Developer that the Property is subject to investigation or inquiry regarding Hazardous Materials on the Property or the potential violation of any Hazardous Materials Law; (iv) there is no monitoring program required by the Environmental Protection Agency or any other governmental agency concerning the Property; (v) no toxic or hazardous chemicals, waste or substances of any kind have ever been spilled, disposed of, or stored on, under or at the Property, whether by accident , burying, drainage, or storage in containers, tanks, holding areas, or any other means; (vi) the Property has never been used as a dump or land fill; and (vii) Developer has disclosed to City all information, records, and studies in Developer's possession or reasonably available to Developer relating to the Property concerning Hazardous Materials. Developer hereby acknowledges and agrees that (i) this Section is intended as the City' s written request for information (and the Developer' s response) concerning the environmental condition of the Property as required by California Code of Civil Procedure Section 726.5(d)(2), and (ii) each representation and warranty in this Agreement or any of the other City Documents (together with any indemnity applicable to a breach of any such representation and warranty) with respect to the environmental condition of the property is intended by the City and the Developer to be an "environmental provision" for purposes of California Code of Civil Procedure Section 736. OM [iIRd1►b1i■9:t 36 ATTY/AGR.2020.305/Habitat for Humanity Greater San Francisco (Grant Agreement w/ Exhibits) (Page 19 of 109)