HomeMy WebLinkAboutCDC/2000-02
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RESOLUTION NO.
CDC 2000-2
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3
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO, AS
THE GOVERNING BODY OF THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO, APPROVING AND
ACCEPTING THE TERMINATION AGREEMENT (ALLAN
STEWARD, INC. ) (TRUCK WASH) BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO, ALLAN STEWARD, INC., AND ALLAN
STEWARD, AN INDIVIDUAL
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WHEREAS, the Redevelopment Agency of the City of San
9 Bernardino
(the "Agency")
entered into that certain Owner
10 Participation Agreement with Allan Steward, Inc., dated August 5,
11 1991, as amended by that certain Amendment No. 1 to Owner
12 Participation Agreement
(Allan Steward,
Inc. )
(Truck Wash)
13 (hereinafter referred to collectively as the "OPA"); and
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15
Allan
WHEREAS,
Steward personally guaranteed the
16 obligations of Allan Steward, Inc., under the OPA to the Agency by
17 execution of a personal guarantee; and
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19
WHEREAS, the OPA was originally entered into between the
20 Agency and Allan Steward, Inc., to facilitate the development by
21 Allan Steward, Inc., of certain real property located adjacent to
22 the Southeast Industrial Park Redevelopment Project Area, in
23 accordance with the goals and objectives of the Redevelopment Plan
24 for the Southeast Industrial Park Redevelopment Project Area, all
25 as more fully set forth in the OPA; and
26
27 WHEREAS, the OPA provided that the Agency would assist
28 Allan Steward, Inc., in the acquisition and development of the real
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1 property by providing certain financial assistance not to exceed
2 Four Hundred Forty Thousand Dollars ($440,000.00) to fund a portion
3 of the costs of acquisition of the real property and certain work
4 required for the proposed development of the real property, subject
5 to certain terms and conditions; and
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7
WHEREAS, Allan Steward, Inc., has not pursued the
8 development of the Project in the time or the manner contemplated
9 by the OPA and, accordingly, the Agency, Allan Steward, Inc., and
10 Allan Steward, now, mutually desire to terminate their respective
11 rights and obligations under the OPA and the personal guarantee,
12 subject to the terms and conditions of the Termination Agreement
13 (Allan Steward, Inc.)
(Truck Wash) between the Agency, Allan
14 Steward, Inc., and Allan Steward, an individual, as attached hereto
15 as Attachment No.1 (the "Termination Agreement"), and incorporated
16 herein by this reference;
17
18 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY
19 THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO,
20 AS FOLLOWS:
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22
Section 1.
The facts set forth in the Recitals of
23 this Resolution are true and correct.
24
25
Section 2.
Based upon the record submitted at the
26 meeting at which this Resolution was approved by the Commission, as
27 the governing body of the Agency, the Commission hereby finds and
28 determines that the terms of the Termination Agreement are
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1 acceptable to the Commission.
The Commission is informed by the
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principals of Allan Steward, Inc., and Allan Steward that the terms
of the Termination Agreement are acceptable to each of them.
Section 3.
The Commission hereby approves and accepts
the Termination Agreement, as attached hereto as Attachment
7 No.1., and incorporated herein by this reference. The Chairperson
8 of the Commission is hereby authorized and directed to execute the
9 Termination Agreement, as approved as to form by the City Attorney
10 on behalf of the Agency.
11 III
12 I I I
13 III
14 III
15 I I I
16 III
17 III
18 III
19 III
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CDC 2000-2
1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO, AS THE GOVERNING BODY OF THE REDEVELOPMENT AGENCY
2 OF THE CITY OF SAN BERNARDINO, APPROVING AND ACCEPTING THE
TERMINATION AGREEMENT (ALLAN STEWARD, INC.) (TRUCK WASH) BETWEEN
3 THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, ALLAN
STEWARD, INC., AND ALLAN STEWARD, AN INDIVIDUAL
4
5
Section 4.
This Resolution shall become effective
6 immediately upon its adoption.
7
8 I HEREBY CERTIFY that the foregoing Resolution was duly
9 adopted by the Community Development Commission of the City of
10 San Bernardino at a joint regular
meeting
11 thereof, held on the 24th day of
12 following vote, to wit:
January
2000, by the
13
Commission
14 ESTRADA
LIEN
15 MCGINNIS
SCHNETZ
16 SUAREZ
ANDERSON
17 MILLER
18
19
20
AYES
X
X
X
X
x
X
X
NAYS
ABSTAIN
ABSENT
7:!
- - ~
The foregoing Resoluti n is hereby approved this '<7
21 day of January
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23
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25
26
27 By:
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);~~
\
/);1L!&~~
Norine Miller
Vice Chairman
legal content:
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CDC 2000-2
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l/
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
TERMINATION AGREEMENT
(ALLAN STEWARD, INC.)
(TRUCK WASH)
This
24th, 2000, by
SAN BERNARDINO
below), ALLAN
"Participant")
Termination Agreement is entered into as of January
and between the REDEVELOPMENT AGENCY OF THE CITY OF
(the "Agency," as defined in the OPA, as set forth
STEWARD, INC., a California corporation (the
and ALLAN STEWARD, an individual.
RECITALS
WHEREAS, the purpose of this Termination Agreement is to
terminate the rights and obligations of the Parties hereto under
that certain Owner Participation Agreement by and between the
Agency and the Participant dated August 5, 1991, as amended by that
certain Amendrp,ent No. 1 to Owner Participation Agreement (Allan
Steward, Inc.) (Truck Wash) (hereinafter collectively referred to as
the "OPA"). Words and phrases indicated with initial
capitalization in this Termination Agreement shall have the same
meaning given to them in the OPA, unless another meaning is
specifically indicated herein.
WHEREAS, the OPA was originally entered into between the
Agency and the Participant to facilitate the development by the
Participant of certain real property located adjacent to the
Southeast Industrial Park Redevelopment Project Area, as more
specifically described in the legal description attached hereto as
Exhibit "A" and incorporated herein by this reference (the
"Property"), in accordance with the goals and obj ecti ves of the
Redevelopment Plan for the Southeast Industrial Park Redevelopment
Project Area.
WHEREAS, the OPA provided that the Agency would assist
the Participant in the acquisition and development of the Property
by providing certain Agency assistance not to exceed Four Hundred
Forty Thousand Dollars ($440,000.00) to fund a portion of the costs
of acquisition of the Property and certain work required for the
proposed development of the Property.
WHEREAS, as a result of certain economic and other
conditions outside of the control of the Agency, the Participant
has not pursued the development of the Project in the time or the
manner contemplated by the OPA and, therefore, the Participant and
the Agency desire by this Termination Agreement to terminate their
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respective rights and obligations under the OPA, subject to the
terms and conditions set forth herein.
CONTAINED
OF WHICH
FOLLOWS:
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
HEREIN AND GOOD AND VALUABLE CONSIDERATION, THE RECEIPT
IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS
TERMS AND CONDITIONS
1. The Recitals set forth above are hereby incorporated
into this Termination Agreement by this reference, as though fully
set forth herein.
2. This Termination Agreement shall be binding only as
to the rights, obligations and liabilities of the Participant,
Allan Steward, the Agency and the City of San Bernardino (the
"City") under the terms and provisions of the OPA. Any rights of
the Parties to otherwise cure any defaults under the terms of the
OPA are hereb~ forfeited, waived and terminated.
3. The Participant shall pay to the Agency the
following amounts at the following indicated times in cash or by
cashier's check drawn on a national bank which participates in the
United States Federal Reserve System:
a. Twenty Five Thousand Dollars ($25,000.00) on
or before January 7, 2000; and
b. An additional One Hundred Thousand Dollars
($100,000.00) on or before February 15, 2000;
and
c. An additional One Hundred Twenty Five Thousand
Dollars ($125,000.00) on or before March 1,
2000;
The total consideration to be paid by the Participant hereunder
shall be two hundred fifty thousand dollars ($250,000.00). The
first payment required in this Paragraph 3 shall be paid by the
Participant, whether or not the Agency has formally approved this
Termination Agreement as of the date such payment is due.
4. On the date on which the Agency has received all of
the payments required in Paragraph 3, above (the "Termination
Date"), the following shall occur:
a. the OPA shall be terminated and be of no
further force or effect; and
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b. the Agency shall reconvey its deed of trust
recorded against the Property in the Official
Records of the Recorder of the County of San
Bernardino as Instrument No. 91-311757 within
fifteen (15) business days of the Termination
Date; and
c. the Personal Guarantee executed by Allan B.
Steward guaranteeing the Participant's
promissory note to the Agency shall be
terminated and be of no further force or
effect.
5. Prior to the satisfaction of each of the conditions
precedent described in Section 4, above, and occurrence of the
Termination Date, the Agency shall have all right and power to
exercise any of its remedies under the OPA and/or the Personal
Guarantee, in the event of a breach of this Termination Agreement.
Provided that no breach has occurred under this Termination
Agreement, tqe Agency hereby agrees to suspend any further
enforcement of its rights under the OPA and the Personal Guarantee,
until March 1, 2000.
6. As of the date of execution of this Termination
Agreement by the Participant and Allan Steward, both the
Participant and Allan Steward hereby acknowledge and agree that
neither the City of San Bernardino nor the Agency shall have any
further duty to perform any obligation or any act under the OPA or
the Personal Guarantee of Allan Steward. The OPA is immediately
terminated as to the obligations of the Agency, and is of no
further force or effect regarding the accrual of any damages to the
Participant or Allan Steward on any claim for damages arising under
the OPA or for any other purpose of the Participant or Allan
Steward. The obligations of the Agency and/or the City under the
terms of the OPA are hereby deemed satisfied. The Participant and
Allan Steward hereby jointly and severally release the Agency and
the City and their respective officers, agents, attorneys and
employees from any and all claims, costs or expenses arising out of
or relating in any way to the OPA, its implementation and/or its
termination.
7. The parties to this Termination Agreement hereby
agree, state and acknowledge that the releases which follow in
Sections 8 through 12, inclusive, apply to all claims known or
unknown as related to the Property, the OPA and the Personal
Guarantee and shall not apply to any other claims of the Parties
relating to other contracts, agreements or arrangements between the
Agency or the City and the Participant, Allan Steward or any
related entity regarding other lands, proj ects or acti vi ties.
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Furthermore, the releases which follow in Sections 8 through 12,
inclusive, do not apply to any indemnity provisions of this
Termination Agreement, nor to any violations of federal, state or
local laws, statutes, regulations, ordinances or other legal
restrictions or requirements regarding hazardous or toxic materials
which may be present on the Property.
The express exceptions of this Section 7 shall be the only
exceptions to the releases which follow in Sections 8 through 12,
inclusive.
8. Except as otherwise expressly provided herein, the
parties hereto on behalf of themselves and no others, hereby
release and discharge each other, their officers, directors, share-
holders, employees, agents, attorneys, beneficiaries,
representatives, successors and assigns from any and all debts,
claims, demands, liabilities, obligations, causes of action and
rights, whether known or unknown, which each party now owns or
holds, or at any time heretofore owned or held, by reason of any
act, matter, cpuse or thing whatsoever, arising in any way from the
OPA, including attorney's fees and court costs.
9. Except as otherwise expressly provided herein, this
Termination Agreement extends to any and all claims arising in any
way under the OPA, whether or not claimed or suspected, by the
parties herein, to and including the date of execution hereof, and
constitutes a waiver of each and all of the provisions of
California Civil Code Section 1542, which Civil Code Section reads
as follows:
"A general release does not extend to claims which
the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if
known by him must have materially affected his settlement
with the debtor."
10. The parties herein hereby acknowledge that the
import of the provisions of Civil Code Section 1542 have been
explained to them by their own counsel and that they understand the
same.
11. It is expressly understood and agreed by the Parties
that the facts with respect to which the releases given herein may
hereinafter turn out to be other than or different from the facts
in that connection now known or believed by the Parties to be true,
and the Parties expressly assume the risk of the facts turning out
to be so different, and agree that this Termination Agreement shall
be in all respects effective and not subj ect to termination or
rescission by reason of any such difference in facts. The parties
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understand and acknowledge the significance and the consequence of
such a specific waiver of unknown claims related to the OPA and
hereby assume full responsibility for any injuries, damages, losses
or liabilities that they may hereinafter incur from the waiver of
said unknown claims.
12. Except as otherwise expressly provided herein, the
Participant and Allan Steward agree to indemnify and hold the
Agency and the City harmless from any claims of third parties which
arise as a result of any actions or failures to act of the
Participant under the terms of the OPA, including, without
limitation, reasonable attorney's fees and costs. For the purposes
of this Section 12, the words "reasonable attorney's fees and
costs" includes the salary, wages, benefits and overhead of the
lawyers employed by the office of the City Attorney of the City of
San Bernardino.
13. Participant and Allan Steward hereby jointly and
severally agree, at their sole cost and expense, to indemnify,
protect, hold,harmless and defend (with counsel of the Agency's
choice) the Agency and the City from and against any and all
claims, demands, damages, losses, liabilities, obligations,
penalties, fines, actions, causes of action, judgments, suits,
proceedings, costs, disbursements and expenses (including, without
limitation, fees, disbursements and costs of attorneys,
environmental consultants and experts), and all foreseeable and
unforeseeable consequential damages of any kind or of any nature
whatsoever (collectively, "Losses") which may at any time be
imposed upon, incurred or suffered by, or asserted or awarded
against, the Agency or the City directly or indirectly relating to
or arising from any of the following "Environmental Matters":
(a) Any past, present or future presence of any
"Hazardous Materials" (as such term is defined in Exhibit "B"
attached hereto) on, in, under or affecting all or any portion of
the Property or on, in, under or affecting all or any portion of
any property adj acent or proximate to the Property, if such
Hazardous Materials originated on or from the Property prior to the
Termination Date; or
(b) Any past, present or future storage, holding,
handling, release, threatened release, discharge, generation, leak,
abatement, removal or transportation of any Hazardous Materials on,
in, under or from the Property or any portion thereof occurring
prior to the Termination Date; or
(c) Any violation, at any time prior to the Termination
Date, of any laws, rules, regulations, judgments, orders, permits,
licenses, agreements, covenants, restrictions, requirements or the
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like now or hereafter relating to or governing in
environmental condition of the Property or the
Hazardous Materials on, in, under or affecting all
of the Property, including, without limitation,
referenced in Exhibit "B" attached hereto
"Environmental Laws"); or
any way the
presence of
or any portion
all statutes
(collectively,
(d) The failure of Participant to properly complete,
obtain, submit and/or file any and all notices, permits, licenses,
authorizations, covenants and the like relative to any
Environmental Matters described herein in connection with the
Property or the ownership, use, operation or enjoyment thereof; or
(e) The extraction, removal, containment, transportation
or disposal of any and all Hazardous Materials from any portion of
the Property or any other property adjacent or proximate to the
Property, if such Hazardous Materials originated on or from the
Property prior to the Termination Date; or
(f) Any past, present or future presence, permitting,
.
operation, closure, abandonment or removal from the Property of any
storage tank which at any time contains or contained Hazardous
Materials located on, in or under the Property or any portion
thereof occurring prior to the Termination Date; or
(g) The implementation and enforcement of any
monitoring, notification or other precautionary measures which may
at any time become necessary to protect against the release or
discharge of Hazardous Materials on, in under or affecting the
Property or in the air, any body of water, any other public domain
or any property adjacent or proximate to the Property; or
(h) Any failure of any Hazardous Materials generated on
or moved from the Property to be removed, contained, transported
and disposed of in compliance with all applicable Environmental
Laws; or
(i) Any investigation, inquiry, order, hearing, action
or other proceeding by or before any governmental agency in
connection with any Hazardous Materials or violation of any
Environmental Law occurring or allegedly occurring at any time
prior to the Termination Date; or
(j) Any required procedural, administrative and/or
remedial response to the correspondence from Betti MacGregor of the
County of San Bernardino Fire Department, Hazardous Materials
Division, to Allan Steward dated October 13, 1999.
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14. Except as otherwise expressly provided herein, this
Termination Agreement shall be binding upon the successors,
endorsees, assigns, heirs, and personal representatives of each of
the parties and, likewise, shall inure to the benefit of the
successors, endorsees, assigns, heirs, and personal representatives
of each of the parties.
15. Failure or delay by any party to this Termination
Agreement to perform any material term or provision of this
Termination Agreement shall constitute a default under this
Termination Agreement; provided however, that if the party who is
otherwise claimed to be in default by the other party commences to
cure, correct or remedy the alleged default within seven (7)
calendar days after receipt of written notice specifying such
defaul t and shall diligently complete such cure, correction or
remedy, such party shall not be deemed to be in default hereunder.
The party which may claim that a default has occurred
shall give written notice of default to the party in default,
specifying th~ alleged default. Delay in giving such notice shall
not constitute a waiver of any default nor shall it change the time
of default; provided, however, the inj ured party shall have no
right to exercise any remedy for a default hereunder without
delivering the written default notice as specified herein.
Any failure to delay by a party in asserting any of its
rights and remedies as to any default shall not operate as a waiver
of any default or of any rights or remedies associated with a
defaul t. Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement, the rights and remedies
of the Agency under the OPA, the Personal Guarantee and this
Termination Agreement are cumulative and the exercise by the Agency
of one or more of such rights or remedies shall not preclude the
exercise by it, at the same or different times, of any other rights
or remedies for the same default or any other default by the other
party.
In the event that a default of any party to this
Termination Agreement may remain uncured for more than seven (7)
calendar days following written notice, as provided above, a
"breach" shall be deemed to have occurred. In the event of a
breach, the injured party shall be entitled to seek any appropriate
remedy or damages by initiating legal proceedings.
16. No provision of this Termination Agreement may be
amended, modified, changed, waived, discharged or terminated
orally, by telephone or by any other means except by an instrument
in writing signed by the party against whom enforcement of the
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amendment, modification, change, waiver, discharge or termination
is sought.
17. Every provision of this Termination Agreement is
intended to be severable. If any provision of this Termination
Agreement or the application of any provision hereof to any party
or circumstance is declared to be illegal, invalid or unenforceable
for any reason whatsoever by a court of competent jurisdiction,
such invalidity shall not affect the other terms and provisions
hereof or the application of the provision in question to any other
party or circumstance, all of which shall continue in full force
and effect.
18. The Participant and/or Allan Steward shall pay to
the Agency all costs and expenses (including, without limitation,
reasonable attorney's fees and costs) incurred by the Agency in
connection with the enforcement of this Termination Agreement. For
the purposes of the preceding sentence the words "reasonable
attorney's fees and costs" includes the salary, wages, benefits and
overhead of th~ lawyers employed by the office of the City Attorney
of the City of San Bernardino.
19. This Termination Agreement shall be governed by and
construed in accordance with the laws of the State of California.
20. This Termination Agreement shall not be binding on
the Agency, until signed by an authorized representative of the
Participant, signed by Allan Steward, approved by the Common
Council and/or the Community Development Commission of the City of
San Bernardino, approved as to form by the City Attorney for the
City of San Bernardino and executed by the Mayor of the City of San
Bernardino and shall require only its execution by an authorized
representati ve of the Participant and by Allan Steward for its
effectiveness as against the Participant and Allan Steward.
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IN WITNESS WHEREOF, the Parties hereto have executed this
Termination Agreement as of the date set forth opposite their
signatures.
"Agency"
Dated:
(II ~/ je
{ /
COMMUNITY DEV~PMENT COMMISSION
OF THE 1;"'VOF JA BERNARDINO
By: 0C
MAY R JUDITH VALLES
Chairperson of the
Co unity Development
Co ission
ATTEST:
C{~ h. ~vJL
APPROVED AS Tq FORM:
Agency Counsel
Date:
"Participant"
~LJ~~i~;;;;~h~~~~~ V
Bt ~lan !Steward
President
"Allan Stewii-rd"
( ~(\~
~n Steward
Date:
By:
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IN WITNESS WHEREOF, the Parties hereto have executed this
Termination Agreement as of the date set forth opposite their
signatures.
"Agency"
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
Dated:
IN /~ 7 It; t:)
I '
By: 7ZhL-,: ,^
,
IllI/)C:(,,~
Norine Miller
Vice Chairman
"Participant"
ALLAN STEWARD, INC.,
a California corporation
Date:
By:
Allan Steward
President
"Allan Steward"
Date:
By:
Allan Steward
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EXHIBIT "A"
Legal Description
THAT PORTION OF THE SOUTHERLY 860 FEET OF THE WESTERLY 375 FEET
OF LOT I, BLOCK 54, RANCHO SAN BERNARDINO,- IN THE COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7
OF MAPS, PAGE 2, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WEST LINE OF SAID LOT I, AT THE
NORTh~ESTERLY CORNER OF THAT CERTAIN PARCEL OF ~~~D, DESCRIBED IN
DEED TO THE STATE OF CALIFORNIA, RECORDED FEBRUARY 14, 1962, IN
BOOK 5646, PAGE 453, OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE,
SAID POINT BEING DISTANT ALONG SAID WEST LINE, SOUTH 0 DEG. 22'
48~ EAST, 60.28 FEET FROM A 2-INCH IRON PIPE MARKING THE
NORTHEAST CORNER OF THE SOUTH 660 FEET OF LOT 2 IN SAID BLOCK 54;
THENCE ALON~ THE BOUNDARY OF SAID PARCEL OF LAND, THROUGH THE
FOLLOWING 2 ~COURSES (1) NORTH 59 DEG. 42' 57~ EAST, 42.27 FE"fT
AND (2) SOUTHEASTERLY ALONG A TANGENT CURVE, CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 195 FEET, THROUGH A CENT~~L
ANGLE OF 129 DEG. 31' 35~, A DISTANCE OF 440.83 FEET TO THE
SOUTHEASTERLY TER..'1INUS THEREOF; THENCE COURSE "A", NORTH 8 5 DEG.
47' 03" WEST, 327.17 FEET TO SAID WEST LINE OF LOT 1; THENCE
ALONG SAID WEST LINE, NORTH 0 DEG. 22' 48" WEST, 154.34 FEET TO
THE POINT OF BEGINNING.
CDC 2000-2
EXHIBIT B
HAZARDOUS MATERIALS DEFINED
"Hazardous Materials" as used in this Indemnity shall mean any
hazardous or toxic materials, pollutants, effluents, contaminants,
radioactive materials, flammable explosives, chemicals known to
cause cancer or reproductive toxicity, emissions or wastes and any
other chemical, material or substance, the handling, storage,
release, transportation, or disposal of which is or becomes
prohibited, limited or regulated, is or becomes known to pose a
hazard to the health and safety of the occupants of the Property
including, without limitation, (i) asbestos, (ii) petroleum and
petroleum by-products, (iii) urea formaldehyde foam insulation,
(iv) polychlorinated biphenyls, (v) all substances now or hereafter
designated as "hazardous substances", "hazardous materials", or
"toxic substances" pursuant to the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 ("CERCLA"), 42
D.S.C. Section 9601, et seq., as amended by the Superfund
Amendments and Reauthorization Act of 1986 ("SARA"), the Federal
Water Pollution Control Act, 33 D.S.C. Section 1251 et seq., the
Clean Air Act, 42 D.S.C. Section 7401 et seq., the Hazardous
Materials Transportation Act, 49 D.S.C. Section 1801 et seq., or
the Resource, Conservation and Recovery Act, 42 D.S.C. Section 6901
et seq.; (vi) all substances now or hereafter designated as
"hazardous wastes" in Section 25117 of the California Health and
Safety Code; (vii) all substances now or hereafter designated by
the Governor of the State of California pursuant to the Safe
Drinking Water and Toxic Enforcement Act of 1986 as being known to
cause cancer or reproductive toxicity, or (viii) all substances now
or hereafter designated "hazardous substances", "hazardous
materials" or "toxic substances" under any other federal, state or
local laws or in any regulations adopted and publications
promulgated pursuant to said laws.
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