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HomeMy WebLinkAboutAgenda Packet 5.DPart2 09/13/2010Exhibit B Recording Requested by And when recorded, return to: Petaluma Community Development Commission P. O. Box 61 Petaluma, CA 94952-2610 Attn: City Clerk EXEMPT FROM RECORDING FEES PER GOVERNMENT (SP.ACE ABOVE TH[S GRANT DEED For valuable consideration, receipt of which is hereby acknowledge.d,.Petahzma Ecumenical Properties; a California nonprofit corporation ("Grantor.") hereby grants to the Petaluma Community Development Commission, a public body, corporate and politic ("Grantee") all that rear property located in the City of Petaluma, County of Sonoma, State of California described in Exhibti A attached hereto and' incorporated herein. IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of .2010. GRANTOR PETALUMA ECUMENICAL PROPERTIES By: Mary Stompe, Executive Director 28 ACKNOWLEDGMENT State of California ss. County of Sonoma On , 20 before me, , a Notary Public, in and for said ,State and County, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that. byhis/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. NOTARY PUBLIC 30 Exhibit C FORM OF CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Grant Deed dated 2010, executed by Executive Director Mary Stompe Petaluma Ecumenical Properties, a California.nonprofit public benefit corporation, to the Petaluma Community Development Commission, a public body, corporate and politic ("Agency"), is hereby accepted on behalf of the Agency by pursuant to authority~conferred by Resolution No. ,adopted by the Agency on , 2010, and that the Grantee consents to recordation of the Grant Deed by its duly authorized officer. Dated , 2010 By: ATTEST: By: APPROVED AS TO FORM: By: Eric W. Danly, Agency Counsel 31 ACKNOWLEDGMENT State of California ss. County of Sonoma ) On , 20 before me, , a Notary Public,. in and for said State and County, personally appeared, , who proved to me on the basis of satisfactoryevidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their .authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which. the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true .and correct. WITNESS my hand and official seal.. NOTARY PUBLIC 32 FORM OF COMMERCIAL LEASE AGREEMENT This Commercial Lease Agreement (the "Lease" ") is entered into as of 2010, by and between the Petaluma. Community Development Commission, a public body, corporate and politic ("Landlord") and Petaluma Ecumenical Properties, a California nonprofit public benefit corporation ("Tenant"). Landlord and Tenant are hereinafter referred to individually as "Party" and collectively as "Parties." RECITALS A. The Parties have entered into that certain Purchase and Sale Agreement (the "Purchase and Sale Agreement") whereby Landlord has purchased from Tenant, and is the fee simple owner of, that certain real property and improvements thereon,. in Sonoma County, California, known as Sonoma County Assessor's Parcel Number 008-530-007, located at 951 Petaluma Boulevard South in the City of Petaluma, as more particularly described and illustrated in Exhibit A attached hereto (the "Property"). B. Pursuant to the Agreement,. Landlord shall lease the Premises, .defined below, to Tenant for a definite term. C. The form of Lease was approved by Landlord's Board ofTDirectors at a duly noticed public hearing on September 13, 2010. herein. D. The Parties desire to enter into the Lease on the terms and conditions provided NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. PREMISES: Landlord hereby rents to Tenantthe existing buildings located on the Property; but excluding the existing dock, as described and illustrated in Exhibit B attached hereto (the "Premises") in accordance with the provisions of this Lease. 2. TERM: The term of this Lease shall. commence on October 1, 2010 ("Comm'encement Date") and continue through September 30, 2014, unless terminated sooner in accordance with the provisions of this Lease (the "Rental Period"). The Parties agree to execute and record a Memorandum of this Lease in the official records of Sonoma County. 3. RENT AND ADDITIONAL RENT: Tenant shall-pay annual rent for the period October 1, 20'10 through September 30, 2014 in the sum of One U.S. Dollar ($'1..00) for the use and occupancy of the Premises, due as of the Commencement Date and each anniversary thereof. Tenant further agrees to pay as rent, throughout the entire Rental Period, all sums, costs, expenses, and other payments that Tenant agrees to pay pursuant to any of the provisions of this Lease (collectively, "Additional..Rent"). If Tenant fails to pay timely any Rent or Additional Rent, Landlord shall have,. in addition to all other rights and remedies at law or in equity, all of 33 the rights: and remedies provided for herein. Rent and Additional Rent shall be payable at the address designated in Section 21 or such other place as Landlord may designate in writing. 4. TRIPLE NET -LEASE; This is a triple net lease to Landlord. It is the intent of the Parties that the Rerit shall be an absolutely net return to Landlord. Tenant shall pay all costs. and expenses relating to Tenant's occupancy of the Premises of any'kind or nature whatsoever: Such costs and .expenses .include, without limitation, al amounts attributable. to, paid or ircurrcd in connection with Tenant's opefation, repair, maintenance. (whether'intenor or exterior) and management of the Premises; all taxes and assessments; insurance premiums; security; janitorial services; labor; costs of licenses; permits and inspections; and all other costs and expenses incurred or paid by Tenant with respect to the Premises. 5. USE: Tenant shall use the Premises solely for the purpose of administrative offices.. Tenant shall obtain and keep in effect all licenses,and entitlements required forths use of the Premises and s1a11 comply with all terms and conditions of said licenses acid entitlements. Tenant. shall not physically damage, fail to maintain and repair, or conduct any nuisance on the Premises, or do, suffer or permit anything to be done or kept on the Premises that would in any way subject Landlord to any liability, increase the premium rate or adversely affect or cause a cancellation of any insurance relating to the Premises or the Property. If any act or omission of Tenant results in any such premium increase, upon Landlord's demand Tenant shall pay to Landlord the amount ofsuch increase. 6. COMPLIANCE WITH' LAWS. Tenant shall procure and .maintain all governmental approvals, permits. aril licenses .required. for the lawful conduct. of Tenant's permitted use of the Premises, and ,shall comply with all state, federal and -local laws, rules and regulations in connection with its use and occupancy ofthe Premises. 7. UTILITIES AND SERVICES: Tenant shall pay-when due all charges or assessments for telephone, water sewer, gas, heat, electricity,, garbage disposal, trash disposal and all other utilities and. services that are supplied to the Premises. 8. MAINTENANCE AND .REPAIR: Tenant shall maintain the Premises in a clean and sanitary condition. Landlord shall- have no obligation fo .make repairs to or perform maintenance of the Premises: Without limiting the provisions in Section 4 of this. Lease, Tenant shall pay all costs and expenses attr~ibutable~ to or incurred in connection with Tenant's use and. occupancy of the Premises;,.including janitorial and landscapemaintenance services:.. ;Iri the event that Tenant fails to maintain or keep the Premises in good repair or if Tenant's acts. or omissions result,in a nuisance.,orhealth. or safety risk,, at Landlord''s option,.Landlord may perform any such:requred maintenance and repairs.: Within ten (10) days of Tenant's„receipt of Landlord's invoice therefore, Tenant. shall-pay Landlord's costs incurred in connection with such repairs. 9. SECURITY: Tenant is responsible for providing its own security on the Premises as Tenant'. deems necessary in its sole discretion: 10. TAXES. AND: ASSESSMENTS: Throughout the Term; Tenant shall pay prior to delinquency; all applicable real property taxes; possessory interest taxes, license and permit fees, 34 sales, use: or occupancy taxes, assessments whether .general or special, ordinary or extraordinary, foreseen or unforeseen, of any kind or nature whatsoever pertaining to the Premises or a part thereof (collectively, "Impositions") Upon request by Landlord, Tenant shall furnish; in a form satisfactory to Landlord, evidence of payment. prior to delinquency of all impositions paid by Tenant. 11. AS-IS CONDITION OF PREMISES: Tenant is leasing the Premises in its "AS IS" condition as such condition exists as of the Commencement Date: 12: FUTURE,ALTERATIONS AND REPAIRS: Tenant shall not make alterations to the Premises without the prior written consent, of Landlord. Landlord agrees that Tenant is entitled. to make. repairs as part.of its normal maintenance and risk management programs. 13. INDEMNITY.:. Tenant shall indemnify, .defend (with counsel .reasonably aceeptabl'e to .Landlord) and hold Landlord, the City of Petaluma; and their officers; agents, employees, contractors, guests and invitees .(collectively, "Indemnitee§") harrriless from and against any and:all claims, demands; liabilities, losses, damages,. expenses 'and causes of actions "Losses") arising out of or ri connection. with Tenant's use; occupation; operation or management of the Premises; its failure to comply with any of its obligaCioiis contained in this Lease; or any negligence.of T,enant.or any ofTenant's agents, contractors or agents; provided that Tenant'shal'1 not be obligated to indemnify, defend or hold a person'or entity harmless for Losses resulting from that person's or entity's ,sole negligence or willful misconduct. Tenant's indemnity obligation set forth herein shall survive the termination or expiration of. this Lease with respect to any claims or liabilities arising out'. of injury or damage to person or°propertywhich occurs during the Term. 14. INSURANCE'. REQUIREMENTS: During the term of this Lease, all extensions thereof, hold-over periods or any other,+occupancy of the Premises by Tenant; Tenant shall maintain at its sole. cost aril expense, the following insurance coverages: (i) Comprehensive General Liability insurance issued by a carrier authorized to sell insurance in the State of Calforriia; written on an occurrence basis; and providing coverage for bodily injury, death and property damage caused by or occurring in connection with Seller's use and occupancy of the Leasehold .Premises with a policy Timt of at least Two Million U.S. Dollars ($2,000,Q00) per' occurrence;' (ii) Workers' Compensation insurance in compliance w"th the requirements of law; -and, (iii) property insurance providing coverage against f re, casualty loss. and damage. to the Premises,.. Seller shall, provide Buyer with, satisfactory evidence of the foregoing insurance coverage prior to the commencement of the Rental Period and, upon Buyer's request, of its continuance,in force thro,ugliout the Rental Period. The foregoing insurance policies shall. be prmary'and:iioncontrbuting with;respect to any policies issued by Buyer and shall name Buyer and the City of Eetaluma as additional insureds and/or loss payees; as their interests may appear. 15;. NONDISCR'IlVI1NATION: Tenant hereby covenants. by and for itself -and its .successors aid assigns, and all persons: claiming under or through..t, and this Lease is made and. accepted. upon. and subject to the conditions that'there shall be no discrimination against or segregation of'any person or group of persons on any basis listed in subdwision (a) or (d) of Section 12955 of the Government Code, as those bases are definedin. Sections 12926, 12926..1, subdivision (m) andparagraph (1 )' of subdivision (p) of Section 12955, and Section 12955.2 of 35 the Government Code, in the leasing;,. subleasing, transferring, use, occupancy, tenure or enjoyment of the Premises nor shall Tenant or any person claiming under or through it establish or permit any such practice or~practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, subtenants or vendees in the Premises. 16. HAZARDOUS SUBSTANCES: Tenant will not use or permit Hazardous Materials (as defined in Exhibit:E to the Purchase and Sale Agreement) to be used in, on or under the Premises. Tenant may use or permit the use of cleaning and maintenance supplies used in -the .ordinary course of Tenant's operations and used and disposed of in compliance with all state, federal and local laws,. rules and regulations including, without limitation, Environmental Laws .(as defined in Exhibit E to the Purchase and Sale Agreement). Tenant agrees that it will comply with all laws pertaining to the use, storage, transportation and disposal of any hazardous substance'at'the term is ~d'efined in applicable law. Tenant shall indemnify, defend and hold harmless' Indemnitees from all claims; liabilities, losses,. damages, expenses and causes of action ('Losses") arising out of or involving any hazardous. substance brought on to the Premises during the time Tenant uses the Premises or has the right to use the Premises, provided that Tenant shall not fie obligated to indemnify, defend or hold a person or entity harmless for losses resulting from that person's or entity's sole negligence or willful. misconduct. Tenant's obligations pursuant to this .Section 16 shall apply to the cost of investigation, removal, remediation, restoration and/or abatement and shall survive the expiration or termination of this Lease. 17. RIGHT OF ENTRY ANID USAGE: Landlord shall have the right to inspect the Premises at any time during the term of this Lease, provided that the Tenant is given advance notice of any inspection and that Tenant be ..allowed to accompany said inspection. 18. SUBLETTING: Tenant: shall not assign this Lease or sublet any portion ofthe Premises without the prior written consent of Landlord. 19. DEFAULT: Tenant shall be in default of this Lease upon the occurrence of any of the following ("Events of Default"); (i) the failure to pay any monetary obligation when due, (ii) the failure to obtain and maintain insurance required by this Lease, (iii)- the voluntary or involuntary transfer of all or anyportion of Tenant's interest in thePremises without Landlord's prior written consent, or (iv) a default in the performance of any term, provision, covenant or agreement pursuant to this Lease. Upon the occurrence of an Event of Default,'the non- defaulting party shall deliver a notice to the non.-performing party ("Notice of Default") stating the;nature; of the obligation which ,such non-.performing party has failed to perform, and stating. the applicable. period of time, if any, permitted to cure the default. Failure. to give, or. delay in giving, a;Notice of.Default shall not constitute a waiver of any obligation or covenant required to be performed hereunder. 20. TERMINATION; REMEDIES.. Upon the occurrence of any Event of Default, and in addition. to any and gall other rights or remedies of Landlord hereunder and/or provided at law or in equity, Landlord shall have the right to terminate this Lease and Tenant's possessory rights hereunder in accordance with applicable law. No .remedy specified' in this Lease shall be considered exclusive of any other remedy, but the same shall be cumulative. 36 21. NOTICES: All notices shall be deemed given when made in writing and deposited in the United States mail, certified, postage prepaid and addressed to such party the following address: To Landlord: Petaluma Community Development Commission 11 English Street Petaluma, CA 9495.2 Attention: Housing Administrator Telephone: (707) 778-4555 Facsimile: (707) 778-4586 To Tenant: Petaluma Ecumenical Properties/PEP Housing 951 Petaluma Boulevard South Petaluma, CA 94952 Attention: Executive Director Telephone: (707) 762-2336 Facsimile: (707) 762-4657 Either Party may change its address for the receipt of notices by giving written notice of change to the other Party. Either Party may give personal notice to the other Party. 22. FAILURE TO VACATE: In the event that Tenant holds over, Landlord's shall have all remedies as maybe available to Landlord. at law or in equity. In addition, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold harmless Landlord and the City of Petaluma. from all Losses resulting from Tenant's. failure to vacate pursuant to this Lease. This indemnity shall survive the expiration or termination of the Lease. 23. DISPOSITION OF IMPROVEMENTS:. Prior to the expiration or termination of this Lease, Tenant shall (i) remove all personal equipment, improvements, fixtures and property placed on the Premises by Tenant, (ii) repair any damage caused by said removal, and (iii) restore the Premises to its condition on the Commencement Date, less normal wear and tear, except as Landlord may otherwise approve in writing. Except as expressly provided herein, upon the expiration or earlier terrriination of this Lease .:all existing structures and other improvements on the Premises shall unconditionally be and become the sole property of Landlord, and Tenant shall have no right to compensation therefore. In the event that, Tenant does .not, remove its personal property within thirty (30) days after Lease expiration or termination, .Landlord, at its option, may deem such.property abandoned and either retain or dispose of it in accordance with applicable law. 24. NO-RELOCATION ASSISTANCE: Pursuant to the Purchase and Sale Agreement, Tenant has entered into a full and complete settlement of any claims for relocation benefits, and Tenant acknowledges and reaffirms its voluntary and knowing waiver of such claims. Tenant's acknowledgment and release survives the expiration or termination of the Lease. 37 25. INDEPENDENT CONTRACTOR: This .Lease hall not be construed.. or interpreted to create a partnership or joint venture betweenZandlord and Tenant. 26. CORPORATE AUTHORITY: Each individual executing this Lease on Tenant's behalfrepresents and warrants that he or she is duly authorized to execute and deliver ;this Lease on Tenant's behalf and that this Lease is binding on Tenant in accordance with its terms. 27. SE- VERABILITY` The determination that a provision of this Lease is illegal or unenforceable shall not affect any other provision of this Lease. 2$. BINDING CLAUSE: The provisions, covenants and conditions of this Lease shall extend to, be binding upon and insure to the benefit of the heirs, executors; administrators, successors and assigns of the respective.Parties hereon. 29. SECTION HEADINGS: All section headings. contained herein are for convenience of reference only and. are not intended to define or limit the scope of any°provisions of this Lease. 30. ESSENCE OF TIME: Time is of the essence for every provision, covenant and condition of this Lease. 31. ENTIRE AGREEMENT: 'This Lease contains all fihe :agreements .of the parties hereto and supersedes all :prior negotiations. There have been no representations by Landlord. or understandings made between Landlord and Tenant other than those set forth in this Lease. 32: AMENDMENT:'This Lease. may only be modified or .amended by a written instrument duly executed by. the Parties hereto. IN WITNESS WHEREOF; this Lease has been executed by the Parties hereto as of the date listed below. SIGNATURES O1V FOLLOWING PAGE. 38 TENANT Petaluma Ecumenical Properties By: Mary Stompe, Executive Director LANDLORD Petaluma Community Development Commission By: John Brown, Executive ;Director Attest: By: Claire Cooper, Agency:Seeretary Approved as to Form: By: Eric. W. Danly Agency Cqunsel 39 Exhibit C Form of Memorandum of Lease RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO`. Petaluma Community Development Commission P. O'. Box 69 Petaluma, CA 94952-2'6,10 Attn: City Clerk EXEMPTFROM RECORDING FEES PER MEMORANDUM OF~ LEASE this like for Recorder's use. This Memorandum of Lease ,(this "1Vlemorandum") dated„ for~reference purposes as of 2010, by and between the Petaluma Community Development Commission, a public body, corporate,and politic ("Landlord") aid Petaluma Ecumenical Properties, a California nonprofit public benefit corporation,., (`"Tenant"), in reference to and consideration of that certain Commercial -Lease Agreement dated. as of 201.q ("Effective Date"); by acid between Landlord and Tenant (the "Lease"). 1. The purpose of thus' Memorandum. is to provide notice of the existence. of the Lease which is incorporated Herein by this reference. 2. Landlord is the owner of fee title to the Property located at 95 LPetaluma Boulevard South, in the City'of Petaluma, California, as more particularly described in Exhibit A attached"hereto and Incorporated herein by this reference (the "Property"). 3:. P.nrsiiant to the Lease;. Landlord leases to Tenant, and Tenant leases from Landlord, the ex'sting,mprovements located on.the Property (the "Premi'ses") subject to all.of the'tenns and eoriditons set °forth in the'Lease. 4. 'The term of the~.Lease shall be October :1, 20.10, to and i~nc'ludng Sept'ernber 30; 2014: 5:. 'The Lease contains a nondiscrimination covenant pursuant to California Community Redevelopment Law, Health and Safety Code Section 33000 et seq. 6. In the event of any conflict between this. Memorandum and the terms and conditions of the Lease, the' terms and conditions of the Lease shall control. 42 7. This Memorandum maybe executed.-in counterparts, each of which shall be an original, and .all of which together shall constitute one fully-executed agreement. 43 IN WITNESS WHEREOF, the parties have executed this Memorandum as of the date set forth above. I,ANI)L®RD 'T'ENANT PETALUMA COMMUNITY PETALUMA ECUMENICAL PROPERTIES DBVELOPMENT COMMISSION By: By: John Brown, Executive Dir"ector Mary Stompe, Executive Director Attest: Claire Cooper, Agency Secretary Approved as to form: Eric W. Danly, Agency Counsel SIGNATURES MUST BE NOTARIZED.: 44 FORM OF ACKNO~VLEDGIYIENT STATE OF CALIFORNIA ) ss. COUNTY OF SONOMA On , 20_, before me, , a Notary Public, personally appeared ,who proved to me on the basis of satisfactory evidence to be -the person(s) whose name(s) is/are subscribed to the within 'instrument and acknowledged to me that he/she/they executed the. same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on_ the instrument the person(s), or the entfy°upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and .correct. WITNESS, my hand and official ~~seal.. Signature (seal) 46 Exhibit E HAZARDOUS.IVIATERIALS; ENVIRONIVIENTAY, LAW Hazardous Materials: The .term "Hazardous Materials" means., any substance, material or waste which is or becomes regulated by any federal,,. state: or-local governmental authority, and includes without. limitation O petroleum or oil or gas or any direct or indirect product or by- product thereof; (ii) asbestos acid .any material containing. asbestos;. (iii) any substance,. material or waste regulated by or listed (directly or by reference) as a "hazardous substance", "hazardous material", "hazardous waste"; "toxic waste", "toxic pollutant", "toxic substance", "solid waste" or "pollutant or contaminant" in or pursuant o, or similarly identified as hazardous to human health or the~environment in or pursuantto; t11e Toxic Substances Control Act [15 U.S.C. 2601, et seq.]; the Comprehensive Environmental. Response; Compensation and Liability Act [42 U.S.C. Section 9601, et seq.], the Hazar-dous Materals'Transportation A~uth~ori"nation Act [49 U.S.C. Section 5101, et seq,_]; the Resource Conservation and Recovery Act [42 U.S.C. 6901, et seq.], the Federal. Water Pollution Control Act. [33 U:S.C. Section 1251 ],.the. Clean Air Act [42 U.S.C. Section. 7401, et seq.],; the .C_ aTiforna Underground Storage of Hazardous Substances Act [California Health and Safety Code Section 25280, et seq.], the California Hazardous Substances Account Act [California Hcalth "and Safety Code Section 253:00; et:seq.], the California Hazardous Waste Act [California Health and SafetyCode Section 25100; et seq..]; the California. Safe Drinking Water and Toxic Eforcernent Act. [California Health. and, Safety Code Section 25249.5, et seq.], and thePorter-Cologne Water Quality Control Act [California Water Code Section 13000, et seq.], as theynow exist or are hereafter amended, together with any regulations promulgated thereunder; (iv) any substance, material or waste which is defined as such or regulated by any ``Superfund" or "Superlien" law, or any Environmental Law; or"(v) any other substance; material,. chemical, waste or pollutant identified as hazardous' or toxic and.regulated under any other federal, s"tate or local environmental law, including without limitation, asbestos; polychlorinated biphenyls, petroleum, natural gas and synthetic fuel products and by-products. Environmental Laws. The term "Environmental Laws" means all federal, state or`local "statutes; ordinances; rules, regulations, orders, decrees; judgments or common law doctrines; and provisions aril conditions of permits, licenses and other .operating .authorizations .regulating, or relating to; orimposing liability or standards of conduct concerning ,(i) pollution or protection of -- the. env-ronrnent; including natural resources; (ii) exposure of persons; .including. employees sand agents, to Hazardous Materials (as defined above) or other products,. raw materials, chemicals or other substances;, (iii) protection of the public health or welfare from the effects of by-products, wastes; emissions, discharges or".releases of chemical substances from industrial or commercial activities; (iv) the manufacture, use or introduction into commerce of chemical. substances, including without limitation, their manufacture, formulation, .labeling, distribution, transportation, handling, storage and disposal; or (iv) the use,. release or disposal of toxic or 47 hazardous substances or Hazardous Materials or the remediation of air; surface waters,. groundwaters or soil, as now or may at ariy later time be in effect, including but not limited to the Toxic Substances Control Act`[15 U.S.C, 2601, et seq.]; the Comprehensive Environmental Response; Compensation and Liability Act [42 U.S.C. S'ection,9601, et seq.], the Hazardous Materials Transportation Authorization,Act [49 U.S.C. Section 51,01, et seq.], the Resource Conservation and Recovery Act [42 U.S.C. 69:01, et seq.]; the Federal Water Pollution Control Act [33 U.S.C. Section 1251]; the Clean Air Act [42 U.S:C. Section 740.1, et seq.], the California Underground Storage of Hazardous .Substances Act [California Health and Safety Code Section 25280; et seq.], the California Hazardous Substances Account Act [California.Health and Safety Code Section 25300, et seq.], the California Hazardous. Waste Act [Cal.forna'Health and Safety Code Section 25100, et seq], the, C:ali;fornia Safe. Drinking Water and. Toxic Enforcement Act [California Health and Safety Code Section 25249.5, et seq.], and the Porter-Cologne Water Quality Control Act [California Water Code Section 13000, et seq;], as each of the foregoing now exist or are hereafter amended, together with any°regulations promulgated thereunder. 951 staffreportforseptemberl 3th/h 48