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1986 (42 U.S.C. § 9601), the Hazardous Materials Transportation Act (49 U.S.C. § 1801 et
<br />the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et SeMc .), the Federal Water
<br />Pollution Control Act (33 U.S.C. § 1251 et sec.), the Clean Air Act (42 U.S.C. § 7401 et sec.),
<br />the Toxic Substances Control Act (15 U.S.C. § 2601 et s�Mc.), the Oil Pollution Act (33 U.S.C.
<br />§ 2701 et sec.), the Emergency Planning and Community Right -to -Know Act (42 U.S.C.
<br />§ 11001 et SeMc .), the Porter- Cologne Water Quality Control Act (Cal. Water Code § 13000 et
<br />seq.), the Toxic Mold Protection Act (Cal. Health & Safety Code § 26100, et seq.), the Safe
<br />Drinking Water and Toxic Enforcement Act of 1986 (Cal. Health & Safety Code § 25249.5 et
<br />seq.), the Hazardous Waste Control Act (Cal. Health & Safety Code § 25100 et seq.), the
<br />Hazardous Materials Release Response Plans & Inventory Act (Cal. Health & Safety Code
<br />§ 25500 et seq.), and the Carpenter - Presley- Tanner Hazardous Substances Account Act (Cal.
<br />Health and Safety Code, Section 25300 et SeMc .).
<br />8.2 Environmental Disclosure. California Health & Safety Code section 25359.7
<br />requires owners of non - residential real property who know, or have reasonable cause to believe,
<br />that any release of Hazardous Materials has come to be located on or beneath the real property to
<br />provide written notice of same to the buyer of real property. City has delivered to Developer
<br />copies of the following reports on the environmental condition of the Property prepared by
<br />Ninyo & Moore: Phase I Report dated May 13, 2009 and Phase II Report dated June 12, 2009.
<br />To the extent the City has copies of investigative reports related to the Property, it will provide
<br />copies to Developer upon request; but the Parties acknowledge that City will not be conducting a
<br />public records search of any regulatory agency files— although the City urges Developer to do so
<br />to satisfy itself regarding the environmental condition of the Property. By execution of this
<br />Agreement, Developer: (i) acknowledges it receipt of the foregoing notice given pursuant to
<br />Health & Safety Code section 25359.7; (ii) acknowledges that it will have an opportunity to
<br />conduct its own independent review and investigation of the Property prior to the Close of
<br />Escrow; (iii) agrees to rely solely on its own experts in assessing the environmental condition of
<br />the Property and its sufficiency for its intended use; and (iv) waives any and all rights Developer
<br />may have to assert that the City has not complied with the requirements of Health & Safety Code
<br />section 25359.7.
<br />8.3 Property Sold "AS IS." Developer specifically acknowledges that the City is
<br />selling and Developer is purchasing the Property on an "AS IS ", "WHERE IS" and "WITH ALL
<br />FAULTS" basis and that Developer is not relying on any representations or warranties of any
<br />kind whatsoever, express or implied, from City, its employees, officials, officers, board
<br />members, agents, or brokers as to any matters concerning the property. The City makes no
<br />representations or warranties as to any matters concerning the Property, including without
<br />limitation: (i) the quality, nature, adequacy and physical condition of the Property, (ii) the
<br />quality, nature, adequacy, and physical condition of soils, geology and any groundwater, (iii) the
<br />existence, quality, nature, adequacy and physical condition of utilities serving the Property, (iv)
<br />the development potential of the Property, and the Property's fitness, suitability, value or
<br />adequacy for any particular purpose, (v) the zoning or other legal status of the Property or any
<br />other public or private restrictions on use of the Property, (vi) the compliance of the Property or
<br />its operation with any Environmental Laws, covenants, conditions and restrictions of any
<br />governmental or quasi - governmental entity or of any other person or entity, (vii) the presence or
<br />removal of Hazardous Materials, substances or wastes on, under or about the Property or the
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