Bullitt |
08-12-2005 03:15 PM |
Quote:
Originally Posted by wolf
Except for the residual radioactivity, that is my dream home.
Can't be that much worse than radon, can it?
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It can :worried:
Quote:
(A) (A) Notice that the Property contains buried remnants and/or rubble that may contain
asbestos-WARNING
(i) The Property may contain asbestos containing material (ACM). The condition of the
ACM is varied. Grantee, for itself and its heirs, successors and assigns, covenants that it previously
inspected the Property and all reports, which have been made available to it, prior to this quitclaim, as
to asbestos content and any hazardous condition relating thereto. Grantee, for itself and its heirs,
successors and assigns, is deemed to have relied solely on its own judgment in assessing the overall
condition of all or any portion of the Property, including any asbestos hazards or concerns.
(ii) Grantee covenants and agrees that its use and occupancy of the Property will be in
compliance with all applicable laws and regulations relating to asbestos; and that Grantor assumes
no liability for remediation of asbestos or damages for personal injury, illness, disability, death,
property damage, or loss of use, business or profits to Grantee, its heirs, successors or assigns, or to
any other person, including members of the general public, arising from or incident to the purchase,
transportation, removal, handling, use, disposition, or other activity causing or leading to contact of
any kind whatsoever with asbestos or ACM on, at or from the Property, whether Grantee, its
successors or assigns have properly warned or failed to properly warn. Grantee, its successors and
assigns, further agree to be responsible for any future remediation of asbestos found to be necessary
on, at or from the Property, at its sole costs.
(iii) Grantor assumes no liability for damages for personal injury, illness, disability, death
or Property damage arising from: (a) any exposure or failure to comply with any legal requirements
applicable to asbestos on any portion of the Property arising prior to Grantor’s quitclaim of such
portion of the Property to Grantee pursuant to this Quitclaim deed, or (b) any disposal, prior to
Grantor’s quitclaim of the Property of any asbestos or ACM.
(iv) Grantee agrees to indemnify and hold harmless Grantor, its officers, agents and
employees, from and against all suits, claims, demands, actions, liabilities, judgments, costs, and
attorneys’ fees arising out of, or in any manner predicated upon, exposure to asbestos at, on or from
any portion of the Property or any future remediation or abatement of asbestos or the need therefor.
Grantee’s obligation hereunder shall apply whenever Grantor, or its assigns, incurs costs or liabilities
for actions giving rise to liability under this section.
(B) Notice that the Property contains buried remnants and/or rubble that contain leadbased
paint (WARNING)
(i) Grantee is hereby informed and does acknowledge that all remnants and/or remaining
below-ground structures or rubble on the Property, which were placed, constructed or rehabilitated
prior to 1978, are presumed to contain lead-based paint. To the best of the Grantor’s knowledge,
7-D-MO-0657-0669 GSA-R-1531
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except hereinafter provided in this subsection, the lead-based paint on the Property does not
currently pose a threat to human health or the environment.
(ii) Available information or inspection results concerning known lead-based paint and/or
lead-based paint hazards, the location of lead-based paint and/or lead-based paint hazards, and the
condition of painted surfaces has been made available to Grantee as provided in the EBS and
documentation referenced above.
(iii) Grantee, for itself and its successors and assigns, covenants that it has received the
opportunity to conduct its own risk assessment or inspection for the presence of lead-based paint
and/or lead-based paint hazards prior to execution of this deed.
(iv) Grantee covenants and agrees for itself, and its successors and assigns, that it shall
not permit the occupancy or use of any existing buildings or structures on the Property as Residential
Real Property without complying with this section and all applicable Federal, State, and local laws
and regulations pertaining to lead-based paint and/or lead-based paint hazards. Prior to permitting
the occupancy of the Property where its use subsequent to sale is intended for residential habitation,
Grantee specifically agrees to perform, at its sole expense, the Air Force’s abatement requirements
under Title X of the Housing and Community Development Act of 1992 (Residential Lead-Based Paint
Hazard Reduction Act of 1992)(hereinafter Title X).
(v) Grantee, its successors or assigns, shall, after consideration of the guidelines and
regulations established pursuant to Title X: (1) comply with the HUD and EPA Disclosure Rule (24
CFR 35, 40 CFR 745, Subpart F), when applicable, by disclosing to prospective purchasers the
known presence of lead-based paint and/or lead-based paint hazards as determined by previous risk
assessments, (2) abate lead-based paint hazards in paint, dust and bare soil in accordance with the
HUD Guidelines relating to abatement, with the addition of abatement of bare soil with lead levels
higher than 2000 ppm, and (3) comply with the EPA lead-based paint work standards when
conducting lead-based paint activities (40 CFR 745, Subpart L).
(vi) Grantee, its successors or assigns, further agree to indemnify and hold harmless
Grantor, its officers, agents and employees, from and against any and all suits, claims, demands, or
actions, liabilities, judgments, costs and attorney’s fees arising out of, or in any manner predicated
upon personal injury, illness, disability, death, property damage, or loss of use, business or profits
resulting from, related to, caused by or arising out of lead-based paint or lead-based paint hazards at,
on or from the Property. Grantee’s obligation hereunder shall apply whenever Grantor incurs costs or
liabilities for actions giving rise to liability under this Section.
(C) Notice of PCB Contamination
(i) Grantee is hereby informed and does acknowledge that the Property may contain
Polychlorinated Biphenyls (PCBs).
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