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2024 Resolutions
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2024 Resolutions
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12/2/2024 4:04:09 PM
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1/26/2024 9:03:17 AM
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(b) Authority has not received any notice of any violations of any applicable laws, <br />ordinances, regulations, statutes, rules and restrictions pertaining to or affecting <br />the Property. <br />(c) Authority has no actual knowledge of the storage, release, presence, or disposal <br />of any Hazardous Material on, in, or under the Property in violation of any <br />federal or state environmental law or regulation. "Hazardous Material" means (a) <br />any "hazardous waste" as defined by the Resource Conservation and Recovery <br />Act of 1976, as amended from time to time, and regulations promulgated <br />thereunder; (b) any "hazardous substance" as defined by the Comprehensive <br />Environmental Response, Compensation and Liability Act of 1980, as amended <br />from time to time, and regulations promulgated thereunder; (c) any oil, petroleum <br />products and their by-products, other than those used in automotive or <br />construction vehicles; and (d) any substance that is regulated by any federal or <br />state governmental authority. <br />(d) Authority has not received any notice from any governmental entity regarding an <br />alleged violation of any applicable environmental law or regulation related to the <br />Property or its use, or to the storage, release, or disposal of Hazardous Material <br />on, in, or under the Property. <br />(e) Authority has not received any notice of any pending or threatened condemnation <br />or similar proceeding affecting the Property or any portion thereof, nor has <br />Authority knowledge that any such action is presently contemplated. <br />(f) There are no leases affecting any portion of the Property and there are no options <br />or contracts granting any rights to acquire any right, title or interest in any <br />portion of the Property, and at Closing no tenants or parties shall be in possession <br />of the Property. <br />(g) To Authority's current, actual knowledge, its performance of this Agreement will <br />not result in any breach of, or constitute a default under, or result in the <br />imposition of any lien or encumbrance upon the Property, under any agreement <br />or other instrument to which Authority is a party or by which Authority or the <br />Property might be bound. <br />(h) That certain Consent Decree approved and entered by Order of the Honorable <br />Rebecca Beach Smith, United States District Judge for the Eastern District of <br />Virginia dated August 31, 2020, as modified from time to time, will no longer <br />apply to operation of the Property or inmates incarcerated at the Property as of <br />and after Closing. <br />(i) There are no outstanding notices, charges, penalties, complaints, or the like, <br />issued or assessed by governmental entities and related to the Property or <br />operations on the Property that will survive Closing or in any way apply to <br />operation of the Property by the City and/or the Portsmouth Sheriff's Office after <br />Closing. <br />(j} There are no service, maintenance, or supplier contracts related to the Property or <br />operations on the Property that will be binding on the Property or the City as of <br />and after Closing. <br />-a. <br />
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