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6.B. - Page 25 of 113
<br />authorizations or directives, or any other requirements of governmental authorities, as may
<br />presently exist , or as may be amended or supplemented, or hereafter enacted, relating to the
<br />presence, release, generation, use, handling, treatment , storage, transportation or disposal of
<br />Hazardous Material, or the protection of the environment or human, plant or animal health,
<br />including , without limitation , the Comprehensive Environmcntal Response, Compensation
<br />and Liability Act of 1980, as amended by the Superfund Amcndmcnts and Reauthorization
<br />Act of 1986 (42 U.S.C. § 9601), the Hazardous Materials Transportation Act (49 U.S.C. §
<br />1801 et seq. ), the Resource Conservation and Recovery Act (42 U.S. C. § 6901 et seq), the
<br />Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq. ), the Clcan Air Act (42 U.S.C.
<br />§ 7401 et seq. ), the Toxic Substances Control Act (15 U.S.C. § 2601 et seq. ), the Oil
<br />Pollution Act (33 U. S.C. § 2701 et seq.), the Emergency Planning and Community Right -to -
<br />Know Act (42 U.S. C. § 11001 et seq. ), the Porter -Cologne Water Quality Control Act (Cal.
<br />Water Code § 13000 et seq. ), the Toxic Mold Protection Act (Cal. Health & Safety Code §
<br />26100, et seq), the Safe Drinking Water and Toxic Enforcement Act of 1986 (Cal. Health &
<br />Safety Code § 25249.5 et seq. ), the Hazardous Waste Control Act (Cal. Health & Safety Code
<br />§ 25100 et seq. ), the Hazardous Materials Release Response Plans & Inventory Act (Cal.
<br />Health & Safety Code § 25500 et seq.), and the Carpenter -Presley -Tanner Hazardous
<br />Substances Account Act (Cal. Health and Safety Code, Section 25300 et seq.).
<br />ARTICLE VIII
<br />LIMITATIONS ON CHANGE IN OWNERSHIP,
<br />MANAGEMENT AND CONTROL OF DEVELOPER
<br />8.1 Identity of Developer, Changes Only Pursuant to this Agreement. Developer and
<br />its principals have represented that they possess the necessary expertise, skill and ability to carry
<br />out the development of the Project pursuant to this Agreement. The qualifications, experience,
<br />financial capacity and expertise of Developer and its principals are of particular concern to the
<br />City. It is because of these qualifications, experience, financial capacity and expertise that the City
<br />has entered into this Agreement with Developer. No voluntary or involuntary successor, assignee
<br />or transferee of Developer shall acquire any rights or powers under this Agreement, except as
<br />expressly provided herein.
<br />8.2 Prohibition on Transfer. Prior to the expiration of the term of the Regulatory
<br />Agreement, Developer shall not, except as expressly permitted by this Agreement, directly or
<br />indirectly , voluntarily, involuntarily or by operation of law make or attempt any total or partial
<br />sale, transfer, conveyance, assignment or lease (collectively, "Transfer") of the whole or any part
<br />of the Property, the Project, the Improvements, or this Agreement, without the prior written
<br />approval of City which approval shall not be unreasonably withheld. Any such attempt to assign
<br />this Agreement without the City's consent shall be null and void and shall confer no rights or
<br />privileges upon the purported assignee. In addition to the foregoing, prior to the expiration ofthe
<br />term of the Regulatory Agreement, except as expressly permitted by this Agreement, Developer
<br />shall not undergo any significant change of ownership without the prior written approval of City.
<br />For purposes of this Agreement, a "significant change of ownership" shall mean a transfer of the
<br />beneficial interest of more than twenty-five percent (25%) in aggregate of the present ownership
<br />and /or control of Developer, taking all transfers into account on a cumulative basis.
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<br />REV: 01-22-21 PR
<br />ATTY/AGR.2020.305/Habitat for Humanity Greater San Francisco (Grant Agreement w/ Exhibits) (Page 21 of 109)
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