|
Environmental Response, Compensation and Liability Act .of 1980, the Toxic Substances
<br />Control Act, or the Minnesota Environmental Response and Liability Act, (including any
<br />an~endments or extensions thereof and any rules, regulations, standards or guidelines issued
<br />pursuant to any of said Environmental Laws), and (B) all other applicable environmental
<br />standards or requirements. Without limiting the generality of the foregoing: (i) to the best of the
<br />City's actual knowledge, neither the City, its agents, employees and independent contractors nor
<br />any tenant has operated the Development Property for the purpose of receiving, handling, using,
<br />storh~g, treatment, transporting or disposing of petroleum products or any Hazardous Material as
<br />defined in said Environmental Laws, other toxic, dangerous or hazardous chemicals, materials,
<br />substances, pollutants and wastes, or any chemical, material or substance, exposure to which is
<br />prohibited, limited or regulated by any federal, state, county, regional or local authority (all the
<br />foregoing being hereinafter collectively referred to as "Hazardous Materials"); (ii) to the best of
<br />the City's actual knowledge, there are no existing or pending remedial actions or other work,
<br />repairs, construction or capital expenditures with respect to the Development Property in
<br />connection with the Environmental Laws, nor has the City received, any notice of any of the
<br />same; (iii) no Hazardous Materials have been released into the environment, or have been
<br />deposited, spilled, discharged, placed or disposed of at, on, or, to the best of the City's actual
<br />knowledge, adjacent to the Development Property, nor has the Development Property to the best
<br />of the City's actual knowledge, been used at any time by any person as a landfill or a disposal
<br />site for Hazardous Materials or for garbage, waste or refuse of any kind; (iv) to the best of the
<br />City's actual knowledge, there are no electrical transformers or other equipment containing
<br />dielectric fluid containing polychlorinated biphenyls located in, on or under the Development
<br />Property, nor to the best of the City's actual knowledge, are there any asbestos containing
<br />materials contained in, on or under the Development Property; (v) to the best of the City's actual
<br />knowledge, there are no locations off the Development Property where Hazardous Materials
<br />generated by or on the Development Property have been treated, stored, deposited or disposed of;
<br />(vi) to the best of the City's actual knowledge, there is no fact pertaining to the physical
<br />condition of the Development Property not disclosed in the Development Property Data and
<br />which materially adversely affects or will materially adversely affect the Development Property
<br />or the use or enjoyment or the value thereof or the City's ability to perform the transactions
<br />contemplated by this Agreement; (vii) the sale of the Development Property by the City to
<br />Developer does not require notice to or the prior approval, consent or permission of any federal,
<br />state or local govermnentaI agency, body, board or official; (viii) to the best of the City's actual
<br />knowledge, no notices of any violation of any of the matters referred to in the foregoing sections
<br />relating to the Development Property or its use have been received by the City and there are no
<br />writs, injunctions, decrees, orders or judgments outstanding, no lawsuits, claims, proceedings or
<br />investigations pending or tltreatened, relating to the ownership, use, maintenance or operation of
<br />the Development Property, nor is there any basis for any such lawsuit, claim, proceeding or
<br />investigation being instituted or filed.
<br />
<br />I
<br />I
<br />I
<br />I
<br />I
<br />I
<br />I
<br />I
<br />I
<br />I
<br />I
<br />I
<br />I
<br />I
<br />I
<br />
<br />-146-
<br />
<br />
<br />
|