Resolution 5666 - Laserfiche WebLink

Agreement to the date of conveyance of the Transfer Lots, Rinker shall not generate, store, transport, release, deposit, spill, use,place or dispose on, in or under the Transfer Lots or any properties adjacent thereto any Hazardous Substance. A"Hazardous Substance"is any hazardous or toxic substance, material or waste, including, but not limited to, (i) those substances, materials and wastes listed in the United States Department of Transportation Hazardous Materials Table(49 C.F.R. § 172.101) or by the United States Environmental Protection Agency as a hazardous substance(40 C.F.R. Part 302 and amendments thereto), (ii)petroleum products and their derivatives, and (iii) such other substances,materials and wastes as are or become regulated or subject to cleanup under any local, state or federal laws or regulations,but excluding those materials classified under the Department of Ecology's "Guidelines for Remediation of Petroleum Contaminated Soils" as Class 2 Soils which are below Model Toxics Control Act Method A cleanup standards. (j) No Conflict. Neither the execution of this Agreement nor the consummation by Rinker of the transaction contemplated hereby will (i)conflict with or result in a breach of the terms, conditions or provisions of or constitute a default, or result in a termination of any agreement,permit, or other instrument to which Rinker is a party; (ii) violate any restriction to which Rinker is subject; or(iii) constitute a violation of any applicable law or legal requirement of which Rinker is aware. (k) Accurate Information. Rinker shall deliver to the City full and complete copies of the following items on or before the date of execution of this Agreement, which documents and information are true and accurate in all material respects: 2004 Revised Development Agreement 8 8/23/2005