Agenda - Council - 02/09/2010 - Laserfiche WebLink

Home

£ To SELLER'S actual knowledge, no notice of hearing has been received from any governmental assessing authority concerning a new public improvement project the costs of which project may be assessed against the Property. • g. All services or material which have been furnished to the Property have been fully paid for or will be fully paid for prior to the Closing Date so that no lien for services or materials rendered (commonly known as mechanic's or materialsmen's liens) can be .asserted against the Property. All water, sewer and refuse bins for such services which have been furnished to the Property have been fully paid for or will be fully. paid for prior to the Closing Date so that no lien therefore can be asserted against the Property. h. SELLER is neither a "foreign person" nor a "forei~ri corporation" (as those terms are defined in Section 1445 of theInternal Revenue Code of 1986, as amended). i. CONDITION OF PROPERTY: (1) To SELLER's~,~ctual knowledge, there are no underground storage tanks currently located on the Property... and there has been no methamphetamine production on or about any portion of the Property. (2) BUYER acknowledges that the Property (i) has been used for the distribution and stoage of petroleum or petroleum products, (ii) underground storage tanks have been used. on the Property for the storage of petroleum, and (iii) SELLER has caused to be removed all petroleum storage tanks, dispensing equipment and petroleum lines on the Property.. (3) SELLER's warranties ..and representations contained in this paragraph 1 O.i. shall .survive the delivery of the Deed, provided that any notice of a defect oi• claim of breach of warranty must be in writing and given by BUYER to SELLER within one year of the date of closing or be deemed waived. (4) Other than the representations made in this paragraph 10.i. and the provisions of paragraph 7, the Property is being. sold "AS IS" with no express or implied representations or warranties by SELLER as to physical conditions, quality of construction, workmanship, or fitness for any particular purpose. BUYER releases SELLER from, and waives all claims and liability against SELLER for, any structural or physical condition at the Property or any release of any Hazardous Substances thereon and .further releases SELLER from, and waives all liability against SELLER attributable to, the structural or physical condition of the Property or any release of Hazadous Substances thereon, including without limitation the presence, discovery or removal of any petroleum, lead, asbestos containing materials or any other Hazardous Substances in, at, about or under the Property, or for, connected with or arising out of 5