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1400. ENVIRONMENTAL MATTERS
<br />1401. Representation and Warranty. Except as Developer has expressly disclosed to
<br />Agency and City in writing, Developer has no knowledge (a) of the presence on, under or about the
<br />Property, now or in the past, of any Hazardous Materials, or of the transportation to or from the
<br />Property of any Hazardous Materials, (b) that asbestos or polychlorinated biphenyls (PCBs) are
<br />contained in or stored on the Property, or (c) that there are any underground storage tanks located in,
<br />on or under the Property, and (d) Developer has not received any notice or other communication
<br />from any Governmental Authority having jurisdiction over the Property notifying Developer of the
<br />presence of Hazardous Materials in, on, or under the Property, or any portion thereof.
<br />1402. Compliance with Environmental Laws. Developer shall take all necessary
<br />precautions to prevent the release into the environment of any Hazardous Materials which are located
<br />in, on or under the Property. Such precautions shall include compliance with all Governmental
<br />Requirements with respect to Hazardous Materials. In addition, the Developer shall install and
<br />utilize such equipment and implement and adhere to such procedures as are consistent with
<br />commercially reasonable standards as respects the disclosure, storage, use, removal and disposal of
<br />Hazardous Materials. In addition, Developer shall (a) comply with all Environmental Laws and
<br />environmental permits applicable to the construction and operation of the Property, (b) immediately
<br />pay or cause to be paid all costs and expenses incurred by reason of such compliance, (c) keep the
<br />Property free and clear of any environmental claims or liens imposed pursuant to any Environmental
<br />Law, and (d) obtain and renew all environmental permits required for ownership or use of the
<br />Property.
<br />1403. Presence of Hazardous Materials. Developer shall not, and shall not permit anyone
<br />else to, generate, use, treat, store, handle, release, or dispose of Hazardous Materials on the Property,
<br />or transport or permit the transportation of Hazardous Materials to or from the Property except for de
<br />minimis quantities used at the Property in compliance with all applicable Environmental Laws and
<br />required in connection with the routine operation and maintenance of the Property.
<br />1404. Notice of Environmental Matters. Developer shall notify the Agency/City, and
<br />provide to the Agency/City a copy or copies, of all environmental permits, disclosures, applications,
<br />entitlements or inquiries relating to the Property which have been conveyed to Developer, including
<br />notices of violation, notices to comply, citations, inquiries, clean-up or abatement orders, cease and
<br />desist order, reports filed pursuant to self-reporting requirements and reports filed or applications
<br />made pursuant to any Governmental Requirement relating to Hazardous Materials and underground
<br />tanks. The Developer shall report to the Agency, as soon as possible after each incident, any unusual
<br />or potentially important incidents with respects to the environmental condition of the Property.
<br />In the event of a release of any Hazardous Materials into the environment, Developer shall,
<br />as soon as possible after the release, furnish to Agency/City a copy of any and all reports relating
<br />thereto and copies of all correspondence with governmental agencies relating to the release. Upon
<br />request, Developer shall furnish to Agency/City a copy or copies of any and all other environmental
<br />entitlements or inquiries relating to or affecting the Property including, but not limited to, all permit
<br />applications, permits and reports including, without limitation, those reports and other matters which
<br />may be characterized as confidential. Developer shall immediately advise Agency/City in writing of
<br />any of the following: (a) any pending or threatened environmental claim against Developer or the
<br />Property, (b) any condition or occurrence that (i) results in noncompliance with any applicable
<br />environmental law, (ii) could reasonably be anticipated to cause the Property to be subject to any
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<br />25F-52
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