of this Agreement. Without limiting the generality of the foregoing, this release includes all
matters arising out of or in connection with the transfer of title of Parcel 83 from the beginning
of time to the Effective Date of this Agreement, including, but not limited to any and all claims
which could have been set forth regarding asbestos on the parcel.
4. Parcel 83. The parties agree that Parcel 83 was transferred to Buyer “As is and
Where is” and “With All Faults” and City made no representations or warranties regarding the
absence or presences of environmental hazards, including but not limited to chemicals, solid
waste, hazardous waste, and hazardous substances, including but not limited to asbestos, which
may be on, in, or under Parcel 83, and City makes no representations or warranties regarding the
compliance of prior uses on or present conditions of Parcel 83 under applicable federal, state and
local environmental laws.
Buyer acknowledges that he has been given the opportunity to make a reasonable
investigation of the prior uses and existing conditions of Parcel 83 and that City has made a good
faith disclosure of such prior uses and existing conditions of which City is aware, including but
not limited to suppling all written reports prepared for the City regarding Parcel 83. The “caveat
emptor” motive applied to its purchase, Buyer understands his obligation to inspect Parcel 83
and is willing to continue owning Parcel 83 in fee “AS-IS.”
5. Specific Release of Environmental Claims by Larry Kittle.
A. As used herein, “Environmental Laws" includes the Comprehensive
Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. 9601 et seq.,
as amended; the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. 6901 et seq., as
amended; the Clean Air Act ("CAA"), 42 U.S.C. 7401 et seq., as amended; the Clean Water Act
("CWA"), 33 U.S.C. 1251 et seq., as amended; the Occupational Safety and Health Act
("OSHA"), 29 U.S.C. 655 et seq., and all rules and regulations promulgated pursuant to any of
the above statutes, and any other federal, state, local or municipal laws, statutes, regulations,
tules or ordinances imposing liability or establishing standards of conduct for protection of the
environment.
B. Buyer hereby agrees to release, hold harmless, indemnify and defend City and its
officers, employees, officials, representatives, agents and assigns, and from any and all claims,
demands, and causes of action of whatsoever nature, including without limitation, all claims,
demands, administrative actions and causes of action for contribution, indemnity, strict liability,
or negligence, assessment, fines, penalties, or fault of any kind, on the part of City, and also
including without limitation, any judgement or settlement, all costs expenses, and attorneys’ fees
and costs paid by or incurred by City in defending or that in any way relate to or arise out of any
alleged noncompliance under any Environmental Laws including natural resources damages
whether asserted by any natural person, government, or any other entity or organization.
6. No Admission. The parties agree that any consideration given or paid with respect
to this Agreement is in compromise of disputed claims and that the giving or payment of
consideration in exchange for the general release of claims is not, and will not be construed as,
an admission of liability or wrongdoing on the part of any party, which deny any liability or
Environmental Indemnity and Release Agreement
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