Exhibit 10.11
Exhibit A
BLN OFFICE PARK
LEASE
BLN OFFICE PARK
ASSOCIATES
Landlord
SOUTHWEST CASINO AND HOTEL
CORP.
Tenant
BLN OFFICE PARK
LEASE
This Lease entered into as of this 24th day of
February, 1995, is by and between BLN Office Park Associates and
BLN Office Park Associates II Limited Partnership, each of which is
a Minnesota limited partnership (hereinafter
“Landlord”) and Southwest Casino and Hotel Corp., (a
Minnesota corporation), (hereinafter
“Tenant”).
Witnesseth that:
1.
BLN OFFICE PARK
. BLN Office Park Associates
and BLN Office Park Associates II Limited Partnership are
affiliated entities which together own the BLN Office Park, a
two-building office complex located at 2001 and 2051 Killebrew
Drive, Bloomington, Minnesota 55425, legally described as Lots 1
and 2, Block One, MCMI Second Addition according to the duly
recorded plat thereof, Hennepin County, Minnesota, and which
includes underground parking facilities, surface parking, walking
areas, landscaped areas and certain common areas and facilities
that are shared with occupants of other space in the building and
with occupants of space in the other building in the BLN Office
Park, under rules and regulations as instituted by Landlord from
time to time.
2.
LEASED PREMISES
. Landlord does hereby lease to
Tenant, and Tenant does hereby take from Landlord, those certain
premises comprising approximately 2,208 square feet of rentable
area hatched in red on Exhibit A attached hereto (hereinafter the
“Leased Premises”). The Leased Premises are located at
2001 Killebrew Drive.
3.
TERM . The lease term shall commence on the 1st day
of February, 1995 (hereinafter “Commencement Date”) and
shall continue thereafter to and including the 31st day of January,
1998, unless earlier terminated as hereinafter provided.
4.
BASE RENT . Tenant shall pay to Landlord during the lease
term base rent in monthly installments pursuant to the following
Schedule:
From the commencement of the lease
term until January 31, 1998, the sum of $105,984.00, payable
in equal monthly installments of $2,944.00 on the first
The monthly installments of Base Rent are due
and payable in advance on the first day of each month. Any
installment which has not been received by the Landlord by the 5th
day of the month shall automatically and without notice be
increased by 18% per annum to compensate the Landlord for its
administrative overhead, loss of use of funds, and other incidental
expenses.
5.
CONTRIBUTION TO OPERATING
COSTS . The Base Rent is
predicated in part upon Base Operation Costs on a per square foot
basis of five dollars and 75/100 ($5.75) (hereinafter “Base
Operating Cost”) consisting of two components $1.90 for real
estate taxes and $3.85 for other operating expenses. Prior to
March 1, 1995, and prior to the first day of each calendar
year thereafter, Lessor shall furnish Tenant with an Estimate of
the Operating Costs for the ensuing calendar year. The monthly
installments of the Base Rent shall be increased or decreased by
one-twelfth of the product of the number of square feet of net
rentable area in the Leased Premises multiplied by the excess, if
any, of such Estimate over the Base Operating
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Costs. After the expiration of each calendar
year, Lessor shall furnish Tenant with a statement of the actual
per square foot Operating Costs for the preceding calendar year,
and if the actual per square foot Operating Costs for such
preceding calendar year are more or less than the Estimate, a
proper adjustment shall be made; however, neither component of
Operating Costs shall be less than the respective figures stated
above. Provisions to the contrary hereinabove contained
notwithstanding, the Base Rent shall in no event be less than the
amount stated in Paragraph 3.
(a)
Definitions. For the purposes
of this Lease, the following terms shall have the meanings set
forth in this paragraph.
(i)
“Base Operating Cost”
shall mean the Operating Costs (as that term is defined herein)
attributed to the Leased Premises as of the Commencement Date. Base
Operating Cost shall be divided into two components:
Operating Expenses and Real Estate Taxes. Each part shall be
determined and assessed independent of the other.
“Operating Costs” means Operating Expense and Real
Estate Taxes combined.
(ii)
“Operating Expenses”
shall mean the following items. All costs incurred by Landlord in
owning, managing, maintaining and operating the BLN Office Park,
the appurtenances thereto and the underlying land, exclusive of
interest and depreciation; an imputed management fee commensurate
with the Minneapolis metropolitan market for management services,
if at any time hereafter Landlord elects to manage the buildings
and all other expenditures which, for federal income tax purposes,
may be expensed rather than capitalized. Notwithstanding anything
contained herein to the contrary, Operating Expenses may, at the
option of the Landlord, also include depreciation and interest
costs for machinery, equipment systems, property or facilities
installed in and used in connection with the BLN Office Park,
provided that one of the major purposes for such installation or
use is to reduce other items of Operating Expenses, and
depreciation and interest costs for equipment provided or used by
the Landlord in the normal maintenance of the Building.
(iii) “Real Estate
Taxes” shall mean the annual payment of real estate taxes and
annual installments of special assessments levied against the BLN
Office Park, the appurtenances and underlying land.
(b)
General Calculation of Operating
Costs.
(i) Operating Costs shall be
determined on a per square foot basis by dividing total Operating
Costs by the total number of square feet of rentable area in the
BLN Office Park, which rentable area shall be determined in
accordance with the space measuring standards of the Building
Owners and Managers Association International (BOMA) in effect on
the date of this Lease and which can change from time to time. For
the purpose of calculating Operating Costs for any calendar year,
if, at any time during such year, less than the entire rentable
area of the BLN Office Park was occupied by tenants making full
utilization of such area, then the Operating Costs for such year
shall be calculated by using a total Operating Cost amount equal to
the Operating Costs which would have been incurred by Landlord had
such total occupancy and full utilization of the BLN Office Park
existed. Landlord shall have the right, in its sole and
reasonable discretion, to
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determine the method of calculating
Operating Costs, to accomplish the goal of having the Tenants of
BLN Office Park pay all Operating Costs in an equitable manner,
including special adjustments or allocations as between the two
buildings of’ the Office Park.
(ii)
For purposes of this Section 5,
the Tenant’s prorata share shall be the fraction having the
number of rentable square feet of the Leased Premises as the
numerator and the total rentable square feet in the BLN Office Park
as the denominator, which fraction is .679%.
6.
ADDITIONAL TAXES
. The Tenant shall pay at the time
and in the manner specified herein, the following amounts as
additional rent due hereunder:
(a)
Tenant shall pay, together with each
monthly installment of Annual Base Rent, the amount of any gross
receipts tax, sales tax or similar tax (but excluding therefrom any
income tax) payable by Landlord by reason of Landlord’s
receipt of any amounts due to Landlord hereunder.
(b)
If any improvements are made to the
Leased Premises by or at the insistence of the Tenant which are of
a nature or quality beyond standard office space in the BLN Office
Park, the Tenant shall pay to Landlord on the first day of each
month during the lease term, one-twelfth of the annual tax expenses
as estimated by Landlord to be paid during the following calendar
year that are attributable to such improvements. It is understood
and agreed by the parties hereto that, if the amount of estimated
annual tax expenses paid by the Tenant during each such year is
lesser or greater than the amount of annual tax expenses actually
attributable to the improvements made by Tenant, an appropriate
adjustment shall be made. In the event such actual annual tax
expenses are greater than as estimated, Tenant shall immediately
pay the difference to the Landlord; in the event they are less than
as estimated, Landlord shall credit the difference to the
Tenant’s account.
7.
USE AND INSURANCE
RATING . Tenant shall use
the Leased Premises for the following purposes and for no other
purposes whatsoever: general office.
Tenant will not conduct or permit to be
conducted any activity or place any equipment in or about the
Leased Premises which will in any way increase the rate of fire and
extended coverage insurance or liability insurance on the
Building. If any increase in the rate of such insurance is
stated by any insurance company or by the applicable insurance
rating bureau to be due to activity or equipment of Tenant in or
about the Leased Premises, such statement shall be conclusive
evidence that such increase in such rate is due to such activity or
equipment, and, as a result thereof, Tenant shall be liable for
such increase and shall reimburse Landlord therefor.
8.
SPACE ADJUSTMENTS
. Tenant acknowledges that much of
the rental space in the Building may be rented in smaller units
and, therefore, it may be necessary for Landlord to make
adjustments in Tenant’s space or actually relocate Tenant
within the building so that the space needs of all Tenants may be
accommodated. Tenant agrees that Landlord may, at any time,
and
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from time to time, relocate Tenant within the
Building, provided that Landlord shall pay all Tenant’s
direct costs incurred in connection therewith.
Landlord’s right to relocate Tenant is
conditioned only on the obligation that the new leased premises
shall be located in the BLN Office Park and shall not vary in size
more than plus or minus five percent (5%) from the Leased Premises.
Tenant shall pay rentals based on the actual rentable area
calculated for the space occupied after such relocation, whether
said space is larger or smaller than the Leased Premises. If Tenant
shall be moved more than once, the new space shall never vary more
than ten percent (10%) from the originally estimated
space.
9.
LEASEHOLD IMPROVEMENTS
. Landlord agrees to provide
those improvements in the Leased Premises set forth on Exhibit B
attached hereto.
10.
NO WARRANTIES BY LANDLORD AND
AGENTS/ACCEPTANCE OF PREMISES .
(a) By signing this Lease, Tenant
acknowledges and agrees that neither Landlord nor any agents or
employee of Landlord have made any representations or promises with
respect to the Leased Premises or BLN Office Park, except as
expressly set forth herein, and no rights, privileges, easements or
licenses are acquired by Tenant except as expressly set forth
herein.
(b)
The taking of possession of the
Leased Premises by Tenant shall be conclusive evidence that, except
for minor “punch list” items, if any, the Leased
Premises were on such date of possession in good, clean and
tenantable condition and that the Tenant accepts the Leased
Premises “as is.”
11.
TIME OF POSSESSION AND OCCUPANCY
OF PREMISES . If the
Leased Premises shall, on the date of commencement of the Lease
Term, be in the possession and occupancy of any person not lawfully
entitled thereto, Landlord shall use due diligence to obtain
possession thereof for Tenant. If the Leased Premises shall not be
ready (for occupancy at said time because construction has not yet
been substantially completed or by reason of any building
operations, repairing or remodeling to be done by Landlord, or by
reason of a tenant holding over, Landlord shall use due diligence
to make the Leased Premises ready for occupancy by Tenant. It is
agreed that Landlord and Landlord’s agents and employees,
using due diligence, shall not in any way be liable to Tenant for
any incidental or consequential damages resulting to Tenant from
failure to obtain possession of the Leased Premises for the Tenant
or to deliver the possession thereof to Tenant, and this Lease
shall remain in all things in full force and effect and the Lease
Term shall not thereby be extended, except that the monthly
installments of Base Rent, additional rent and other amounts
payable hereunder shall be abated until the Landlord has made the
Leased Premises ready for occupancy; provided, however, if the
Leased Premises are not ready for occupancy by March 1, 1995,
Tenant, at its option, shall have the right to terminate this Lease
by written notice.
12.
ASSIGNMENT AND
SUBLETTING. Tenant shall
have the right to assign this Lease or sublet all or any part of
the Leased Premises with the prior written consent of the Landlord,
which consent shall not be unreasonably withheld, provided as
follows:
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(a)
the Landlord may, in its sole
discretion, withhold its consent to an assignment or a sublease (i)
to any present tenant of Landlord in the BLN Office Park or any
other location, (ii) to any tenant whose credit standing and
financial statements are unsatisfactory to Landlord, or (iii) to
any tenant whose occupancy would be inconsistent with the character
of BLN Office Park;
(b)
such assignment or sublease shall
not relieve Tenant of any of its obligations under this
Lease;
(c)
any profit received from such
assignment or sublease shall promptly, upon receipt thereof be paid
by Tenant to Landlord. “Profit” as used herein shall
mean any amounts paid by an assignee or subtenant in excess of the
Base Rent and additional rent attributable to the Leased Premises
being assigned or sublet after deducting therefrom any amounts
Tenant has paid for outside leasing commissions and reasonable
tenant improvements occasioned by such assignment or
subletting;
(d)
Tenant shall provide Landlord with
notice of any assignment or sublease in writing, together with a
copy of such assignment or sublease, and Landlord shall have 30
days from receipt thereof to make a decision concerning such
assignment or sublease; and
(e) any assignment or subletting
made in violation of the provisions contained herein shall be
ineffective.
13.
ALTERATIONS
. Tenant will not make any
alterations of or additions to the Leased Premises without the
prior written approval of Landlord. All work to be performed in the
Leased Premises shall be performed by competent contractors and
subcontractors, approved by Landlord, which approval shall not be
unreasonably withheld by Landlord, except that Landlord may in any
event condition its approval of such contractors and subcontractors
on the Tenant’s furnishing separate performance and payment
surety bonds or other financial guaranties or deposits satisfactory
to Landlord, covering any work to be performed by such contractors
or subcontractors on the Leased Premises, and Landlord may, in any
event, require that contractors and subcontractors normally
employed by Landlord be engaged for any mechanical or electrical
work and that any alterations be done by contractors or
subcontractors compatible with those workmen, contractors and
subcontractors employed from time to time in the BLN Office Park by
Landlord. All alteration work performed by or for Tenant
hereunder must be performed in such manner to avoid disruption of
the BLN Office Park operations or disturbance of other tenants in
the BLN Office Park. Unless Landlord requires the Tenant to restore
the Leased Premises as set forth in this Lease, all alterations,
additions or improvements which may be made by either of the
parties hereto upon the Leased Premises, except office furnishings
purchased by Tenant which may be removed without damage or
destruction to the Leased Premises, shall be the property of
Landlord and shall remain upon and be surrendered with the Leased
Premises as a part thereof at the termination of this Lease or any
extension thereof. Tenant will not permit any mechanics, laborers
or materialmen’s liens to stand against the Leased Premises,
the Building or BLN Office Park for any labor or materials
furnished to or in connection with any work performed or claimed to
have been performed in, on or about the Leased Premises and will
immediately remove all such liens. Tenant further agrees that, in
the event Tenant fails to remove any such lien, Landlord
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may remove such lien and Tenant shall
immediately reimburse Landlord upon demand for all costs and
expenses, including attorneys’ fees, incurred by Landlord in
removing such mechanic’s or materialmen’s
lien.
14.
TENANT EQUIPMENT AND
FURNISHINGS .
(a)
Tenant may install or operate in the
Leased Premises any electrically operated equipment or other
machinery which uses standard 110-volt current and which Landlord
determines in its reasonable judgment to constitute standard office
equipment. Tenant shall not install any other equipment of any kind
or nature whatsoever which will or may require any changes,
replacements or additions to or in the use of the heating, air
conditioning, electrical or plumbing systems of the Leased Premises
or BLN Office Park without first obtaining the prior written
consent of the Landlord. No plumbing fixtures of any type shall be
installed within the Leased Premises without Landlord’s
written approval. If Tenant’s business machines and
mechanical equipment cause noise or vibration that may be
transmitted to the structure of the BLN Office Park or to any space
therein to such a degree as to be reasonably objectionable to
Landlord or to any tenant in the Building, then Tenant shall
install vibration eliminators or sound abatement measures or other
devices sufficient to eliminate such noise and vibration at
Tenant’s cost. If Tenant uses heat generating machines
or equipment (other than standard office equipment designated by
Landlord as set forth above) in the Leased Premises which affect
the temperature in the Leased Premises otherwise maintained by the
air conditioning system furnished by Landlord as set forth in
Section 15(a), Landlord reserves the right to install or to
require Tenant to install adequate supplementary air conditioning
equipment in the Leased Premises at Tenant’s cost.
(b) No furniture, equipment or other
bulky items of any description will be received into the building
or carried in the elevators, except as approved by Landlord. All
moving of furniture, equipment and other materials shall be done
during hours previously approved by Landlord and shall be under the
direct control and supervision of Landlord or its agent. Landlord
and its agents and representatives shall not be responsible for any
damage to any of Tenant’s personal property nor for any
charges for moving the same. Tenant shall promptly remove from the
public and common areas in the building and the BLN Office Park any
of the Tenant’s furniture, equipment or other material there
delivered or deposited. Landlord shall have the right to limit the
weight and prescribe the position of safes and other heavy
equipment or fixtures. Any and all damage or injury to the Leased
Premises or BLN Office Park caused by moving the property of Tenant
in or out of the Leased Premises, or due to the same being on the
Leased Premises, shall be repaired by and at the sole cost of
Tenant.
15.
SERVICES FURNISHED BY
LESSOR. Landlord
agrees to furnish the following services to Tenant upon the terms
and conditions set forth herein, with the costs for such services
being part of the Operating Costs:
(a)
Heating, Ventilation and Air
Conditioning. Landlord agrees to furnish sufficient heat,
ventilation and air conditioning to provide a temperature condition
required in Landlord’s reasonable judgment for comfortable
occupancy of the Leased Premises
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under normal business operations
daily from 8:00 a.m. to 6:00 p.m., Saturdays, Sundays and holidays
excepted.
(b)
Lavatory Service. Landlord
will provide reasonable sewer service and water for drinking,
lavatory and toilet purposes in the Building.
(c)
Electricity. Landlord agrees
to provide 110-volt current electricity to the Leased Premises for
standard building lighting and office use during normal business
hours. Any 110-volt equipment which is not reasonably
energy-efficient shall not be deemed to be standard
hereunder.
(d)
Elevator Service. Landlord
will provide passenger elevator service in common with others at
all times.
(e)
Janitor Service. Landlord will
provide daily janitor service in and about the Leased Premises,
Saturdays, Sundays and holidays excepted.
(f)
Building Access. Landlord will
keep the buildings open during normal business hours and will
provide after hours access to Tenant in accordance with such
reasonable rules, regulations and conditions as may be specified
from time to time by Landlord and generally applicable to all
tenants of the BLN Office Park.
16.
TENANT EQUIPMENT - ADDITIONAL
UTILITIES AND COSTS .
(a)
If any electrical equipment,
machinery, plumbing fixtures or other mechanical equipment
installed or used by Tenant in the Leased Premises consumes or
requires utility service in addition to those services to be
furnished by Landlord pursuant to Section 15, Tenant shall
promptly pay, as additional rent, all charges for such additional
utilities and utility service furnished to the Leased Premises
during the term of this Lease. If such utilities are separately
metered to the Leased Premises, Tenant shall pay all such
additional charges directly to the utility company furnishing the
same. To the extent that utilities are furnished to the Leased
Premises without separate metering, the amount which may be
specifically charged to Tenant for additional utility usage shall
be determined by Landlord on the basis of the costs incurred by
Landlord in purchasing such additional utilities for use in the
building.
(b)
Tenant shall also promptly pay to
Landlord, as additional rent, all costs and expenses of
installation, operation and maintenance of all electric lamps,
starters and ballasts (but excluding the cost for light bulbs
installed by Landlord prior to Tenant’s initial possession of
the Leased Premises) all additional electrical wiring caused by
electrical equipment installed by Tenant with Landlord’s
approval other than the standard office equipment described in
Section 14(a), any supplemental air conditioning equipment or
vibration or noise elimination equipment described in
Section 14(a), all plumbing fixtures and all additional sewer
and water service used in or on the Leased Premises in addition to
those described in Section 15(b).
17.
NO WARRANTY AS TO
SERVICES . Landlord
does not warrant that any of the services it is required to provide
under the terms of this Lease will be free from
interruption.
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Interruption of service shall never be deemed an
eviction or disturbance of Tenant’s use and possession of the
Leased Premises or any part thereof, or render Landlord or
Landlord’s agents or employees liable to Tenant for damages,
or relieve Tenant from performance of Tenant’s obligations
under this Lease. Landlord will use due diligence to restore the
interrupted service as soon as is reasonably possible to the extent
that the interruption of service is under the control of
Landlord.
18.
ENERGY POLICIES
. Wherever in this Lease any terms,
covenants or conditions are required to be performed by the
Landlord, the Landlord shall be deemed to have kept and performed
such terms, covenants and conditions notwithstanding any action
taken by the Landlord, if such action is pursuant to any
governmental regulations, requirements or directives. Without
limiting the generality of the foregoing, the Landlord may reduce
the quantity and quality of all utility and any other services and
impose such regulations as the Landlord deems necessary in order to
preserve energy. Landlord agrees that its determination hereunder
shall in all instances be reasonable.
19.
PROPERTY INSURANCE
.
(a)
Landlord shall carry and cause to be
in full force and effect a fire and extended coverage insurance
policy on the BLN Office Park, but not on the contents owned,
leased or otherwise in possession of the Tenant. The cost of such
insurance shall be an Operating Expense.
(b) The Tenant shall carry and cause
to be in full force and effect a fire and extended coverage
insurance policy covering property of the Tenant within the BLN
Office Park.
(c) Landlord and Tenant hereby
release each other from any and all liability or responsibility to
the other or anyone claiming through or under them by way of
subrogation or otherwise for any loss or damage to property caused
by fire or any of the extended coverage or supplementary contract
casualties, even if such fire or other casualty shall have been
caused by the fault or negligence of the other party, or anyone for
whom such party may be responsible, provided, however, that this
release shall be applicable and in force and effect only with
respect to loss or damage occurring during such time as the
releasing party’s policies shall contain a clause or
endorsement to the effect that any such release would not adversely
affect or impair said policies or prejudice the right of the
releasing party to recover thereunder. Landlord and Tenant agree
that they will request their insurance carriers to include in their
policies such a clause or endorsement. If extra costs shall be
charged therefor, each party shall advise the other of the amount
of the extra cost and the other party, at its election, may pay the
same, but shall not be obligated to do so.
(d) Tenant shall be responsible for
the security and safeguarding of the Leased Premises and all of its
property kept, stored or maintained in the Leased Premises.
In the event of any loss or damage to any of Tenant’s
property, Tenant agrees to look solely to its insurance carrier for
recovery, irrespective of the cause of such loss or
damage.
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20.
PUBLIC LIABILITY
.
(a)
Tenant will keep in force at its own
expense for so long as this Lease remains in effect and for so long
as Tenant occupies or has a right to occupy the Leased Premises, a
policy of public liability with respect to the Leased Premises and
the BLN Office Park in which policy Landlord shall be named as an
additional insured. This insurance will be with a company and in
such a form as is acceptable to Landlord, and shall have a minimum
combined limit of liability, per location, of $1,000,000. The
insurance shall also provide for contractual liability coverage by
endorsement. Tenant will deposit with Landlord a certificate of
insurance or other acceptable evidence, which evidence shall
indicate that the Landlord will be notified in writing thirty (30)
days prior to any cancellation, material change or failure to renew
said insurance. Tenant covenants and agrees to indemnify and hold
Landlord and Landlord’s building managers and other agents
and employees harmless from any claim, loss or damage, including
reasonable attorney’s fees, suffered by Landlord,
Landlord’s management agent, employees or other agents or
Landlord’s other tenants caused by: (i) any act or omission
by Tenant, Tenant’s employees or anyone claiming through or
by Tenant in, at or around the Leased Premises or the BLN Office
Park; (ii) the conduct or management of any work or thing
whatsoever done by Tenant in or about the Leased Premises or the
BLN Office Park, or (iii) Tenant’s failure to comply with any
and all governmental laws, rules, ordinances or regulations
applicable to the use of the Leased Premises and its occupancy. If
Tenant shall not comply with the covenants made in this paragraph,
Landlord may, at its option, cause insurance to be issued and the
costs thereof shall be billed to Tenant and shall thereafter become
immediately due, as additional rent.
(b)
During the term of this Lease
Agreement, Landlord shall also maintain a policy of public
liability insurance in full force and effect with a combined single
liability limit of at least $1,000,000, relative to the BLN Office
Park location.
21.
HAZARDOUS SUBSTANCES
.
(a)
“Claim” shall mean and
include any demand, cause of action, proceeding or suit for any one
or more of the following: (i) actual or punitive damages, losses,
injuries to person or property, damages to natural resources,
fines, penalties, interest, contribution or settlement,
(ii) the costs of site investigations, feasibility studies,
information requests, health or risk assessments, or Response (as
hereinafter defined) actions, and (iii) enforcing insurance,
contribution or indemnification agreements.
(b)
“Environmental Laws”
shall mean and include all federal, state and local statutes,
ordinances, regulations and rules relating to environmental
quality, health, safety, contamination and clean-up, including,
without limitation, the Clean Air Act, 42 U.S.C. §7401, et
seq.; the Clean Water Act, 33 U.S.C. §1251, et seq
.; and the Water Quality Act of 1987; the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. § 136,
et seq .; the Marine Protection, Research, and Sanctuaries
Act, 33 U.S.C. §1401, et seq .; the Noise Control Act,
42 U.S.C. §4901, et seq .; the Occupational Safety and
Health Act, 2 U.S.C. §651, et seq .; the Resource
Conservation and Recovery Act (“RCRA”), 42 U.S.C.
§6901, et seq ., as amended by the Hazardous and Solid
Waste
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Amendments of 1984; the Safe
Drinking Water Act, 42 U.S.C. §300f, et seq.; the
Comprehensive Environmental Response, Compensation and Liability
Act (“CERCLA”), 42 U.S.C. §9601, et seq .,
as amended by the Superfund Amendments and Reauthoriz
