200304712 - Laserfiche WebLink

Browse

20030 4'712 2. Available information 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 is contained in the Environmental Baseline Survey, which has been provided to the Grantee. All purchasers must receive the federally- approved pamphlet on lead poisoning prevention. The Grantee hereby acknowledges receipt of all of the information described in this subparagraph. 3. The Grantee acknowledges 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 document. 4. The Grantee covenants and agrees that it shall not permit the occupancy or use of the Existing Building on the Property as Residential Real Property without complying with this section and all applicable Federal, state, and local laws regulations pertaining to lead -based paint and/or lead -based paint hazards. Prior to permitting the occupancy of the Existing Building subsequent to sale intended for residential habitation, the Grantee specifically agrees to perform, at its sole expense, the Army'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). 5. Before use of the Existing Building as Residential Real Property, the Grantee shall, after consideration of the guidelines and regulations established pursuant to Title X: (1) Comply with the joint HUD and EPA Disclosure Rule (24 CFR 35, Subpart H, 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 pre -1978 buildings and structures in paint, dust and bare soil in accordance with the HUD Guidelines, 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). 6. In complying with the requirements of Subsections IV.c. 1, 4 and 5, the Grantee covenants and agrees to be responsible for any abatement or remediation of lead -based paint or lead -based paint hazards in the Existing Building on the Property found to be necessary as a result of the subsequent use of the Existing Building. The Grantee covenants and agrees to comply with solid or hazardous waste laws that may apply to any waste that may be generated during the course of lead -based paint abatement activities. 7. The Grantee further agrees to indemnify and hold harmless the Army, its officers, agents and employees, from and against all suits, claims, demands, or actions, liabilities, judgments, costs and attorney's fees arising out of, or in a manner predicated upon personal injury, death or property damage resulting from, related to, caused by or arising out of Grantee's noncompliance with Subsections IV.c. 1, 4, 5 and 6 in regard to use of the Existing Building as Residential Real Property after the date of this Deed; provided, however, the Grantee shall not be responsible for indemnifying or holding the Grantor or any other indemnified party harmless from any loss, claims, liabilities, judgments, penalties, costs, or damages arising out of (i) exposure to lead -based paint that occurred prior to 1 March 2002, or (ii) for acts or omissions occurring after Grantee is no longer the title holder of record or (iii) during and as a result of any exercise of Grantor's right of access pursuant to Subsection III.b.