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<br />d. City has not, and will not prior to conveyance to the District, entered into any lien,
<br />encumbrance, easement or license agreement, or any other agreement permitting
<br />others to use the Property, or any portion thereof, or convey any part of the Property.
<br />e. Neither this Agreement nor anything provided to be done hereunder including the
<br />transfer of title to the District violates or shall violate any contract, agreement, or
<br />instrument to which City is a party.
<br />f. There are no claims, proceedings, initiatives, referenda, moratoria, resolutions,
<br />governmental investigations or litigations pending or, to the best of City’s knowledge,
<br />threatened against the City, which affect the Property or the City’s ability to convey
<br />the Property to the District.
<br />g. During City’s ownership of the Property, there has been no production, storage, or
<br />disposal on the Property of any Hazardous Materials and Hazardous Materials have
<br />not been dumped, buried, leaked, or otherwise released upon, in or under the Property
<br />or otherwise released upon, in or under the Property. City has complied with all laws,
<br />regulations, and ordinances relating to the use of all Hazardous Materials used on the
<br />Property. There is no proceeding or inquiry by any federal, state or local
<br />governmental agency with respect to the use, production, storage, release or migration
<br />of Hazardous Material on, through or across the Property, and there is no
<br />contamination of Hazardous Materials on, at, about, or within the Property. For
<br />purposes of this section, “Hazardous Material” means any hazardous or toxic
<br />substance, material or waste that is: (i) regulated by any governmental authority, the
<br />State of California or the United States; (ii) defined as an “acutely hazardous waste,”
<br />“extremely hazardous waste,” “hazardous waste,” or “waste” under Sections
<br />25110.02, 25115, 25117, or 25124 of the California Health and Safety Code, or listed
<br />pursuant to Sections 25141 and 25141.5 of the California Health and Safety Code,
<br />Division 20, Chapter 6.5 (Hazardous Waste Control); (iii) defined as a “hazardous
<br />material,” “hazardous substance,” or “hazardous waste” under Section 25501 of the
<br />California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials
<br />Release Response Plans and Inventory); (iv) defined as a “hazardous substance”
<br />under Section 25281 of the California Health and Safety Code Division 20 Chapter
<br />6.7 (Underground Storage of Hazardous Substances); (v) petroleum; (vi) asbestos;
<br />(vii) listed under Chapter 10 Division 4.5 of Title 22 or defined as hazardous or
<br />extremely hazardous pursuant to Division 21.5 of Title 26 of the California Code of
<br />Regulations; (viii) designated as a “hazardous waste” pursuant to Section 6903 of the
<br />Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.;
<br />(ix) defined as a “hazardous substance” pursuant to Section 9601 of the
<br />Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.
<br />Section 9601 et seq.; (x) any flammable substances or explosives; or (xi) any
<br />radioactive material.
<br />h. City is not in default of any of its obligations or liabilities pertaining to the Property,
<br />nor are there any existing facts, circumstances, conditions, or events that would
<br />constitute or result in any default on the giving of notice, the passage of time, or both.
<br />i. The City has not received written notice from any governmental agency that the
<br />Property is in violation of any statute or regulation.
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