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EHD Program Facility Records by Street Name
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2059
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2900 - Site Mitigation Program
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PR0524724
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Entry Properties
Last modified
3/23/2020 3:49:02 PM
Creation date
3/23/2020 3:45:36 PM
Metadata
Fields
Template:
EHD - Public
ProgramCode
2900 - Site Mitigation Program
File Section
WORK PLANS
RECORD_ID
PR0524724
PE
2950
FACILITY_ID
FA0016604
FACILITY_NAME
FORMER NELSON READY MIX
STREET_NUMBER
2059
STREET_NAME
NAVY
STREET_TYPE
DR
City
STOCKTON
Zip
95206
APN
16331007
CURRENT_STATUS
01
SITE_LOCATION
2059 NAVY DR
P_LOCATION
01
P_DISTRICT
001
QC Status
Approved
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SJGOV\sballwahn
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EHD - Public
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7.2. Reports, Contracts and Other Documents. All Due Diligence <br /> Items delivered to Buyer by Seller pursuant to this Agreement or in connection with the <br /> execution hereof are and at the time of Closing will be true and correct copies, and will <br /> be in full force and effect. Seller has executed a termination of the lease with West Coast <br /> Concrete Mixer Rentals,Inc. ("West Coast"),the lessee of the metal office/shop building <br /> and certain other space on the Property(the"West Coast Lease"),which provides that the <br /> West Coast Lease shall terminate on December 30,2005. <br /> 7.3. Litirzation. There is no litigation pending or,to Seller's <br /> knowledge,threatened, against Seller or any basis therefore that arises out of the <br /> ownership of the Property or that might detrimentally affect the use or operation of the <br /> Property for its intended purpose or the value of the Property or adversely affect the <br /> ability of Seller to perforin its obligations under this Agreement. There is litigation in <br /> San Joaquin Superior Court,Action Number CV023003, which has terminated at the trial <br /> court level after trial in favor of Seller. It has been appealed by the opposing party. The <br /> appeal has not been ruled on by the Appellate Court and is not expected to be ruled on by <br /> the Close of Escrow, Seller shall,as part of the Due Diligence Items, deliver to Buyer a <br /> summary of such litigation along with copies of the complaint,the dispositive ruling by <br /> the trial court and all appellate pleadings. There was litigation involving DeltaKeeper as <br /> previously indicated in this Agreement. Seller has provided Buyer a Settlement <br /> Agreement and copy of the Complaint between former owners and operators of the <br /> Property and DeltaKeeper. The Settlement Agreement contemplated a stipulated <br /> judgment. Seller does not have possession or knowledge of a judgment ever having been <br /> entered. Seller will endeavor to obtain further information to provide Buyer. <br /> 7.4. Compliance with Laws. To Seller's knowledge,there is no <br /> violation on the Property of any law or municipal ordinance, order or requirement from <br /> any governmental authority having jurisdiction or affecting the Property, and Seller has <br /> no knowledge of any facts which would constitute grounds for receiving any notice of a <br /> violation of any such law or municipal ordinance, order or requirement, except Seller has <br /> received a notice from the County regarding truck tires stored on the Property(a copy of <br /> which shall be delivered to Buyer as pant of the Due Diligence Items) and the matters <br /> referred to in Article III. Seller shall,prior to the Feasibility Date, remove all truck tires <br /> 515303102 13 <br />
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