Agenda - Council - 11/13/2001 - Laserfiche WebLink

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-178- 15. 16. 17. REAL ESTATE TAXES. Real estate taxes shall be paid as follows: Each party shall pay all real estate taxes due in the year 2001 and prior year on the respective parcel they are conveying. WARRANTIES. EACH PARTY WARRANTS THAT PRIOR TO THE CLOSING DATE PAYMENT IN FULL WILL HAVE BEEN MADE FOR ALL LABOR, MATERIALS, MACHINERY, FIXTURES OR TOOLS FURNISHED W1TH/N THE 120 DAYS IMMEDIATELY PRECEDING THE CLOSING DATE IN CONNECTION WITH CONSTRUCTION, ALTERATION OR REPAIR OF ANY STRUCTURE ON OR IMPROVEMENT TO THE RESPECTIVE PARCEL THEY ARE CONVEYING. EACH PARTY WARRANTS THAT THEY HAVE NOT RECEIVED ANY NOTICE FROM ANY GOVERNMENTAL AUTHORITY AS TO VIOLATION OF ANY LAW, oRDINANCE OR REGULATION. ENVIRONNIENTAL AS TO LANDOWNER EXCHANGE PROPERTY, To the best of LANDOWNER'S actual knowledge, the Landowner Exchange Property has never been used to store, produce, process or in any manner deal with Hazardous Materials (as that term is hereinafter defined) except for any storage or use in accordance with applicable laws; no Hazardous Materials have ever been installed or in any manner dealt with on the Landowner Exchange Property except for any storage or use in accordance with applicable laws; and no owner of the Landowner Exchange Property or occupant (collectively, "Occupant") has received any notice or advice from any governmental agency or any Occupant with regard to Hazardous Materials affecting the Landowner Exchange Property. The te~Tn "Hazardous Materials" as used herein includes, without limitation, gasoline, petroleum products, explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances, polychlorinated biphenyls or related or similar materials, asbestos or any other substance or material as may be defined as a hazardous or toxic substance by any federal, state or local environmental law, ordinance, rule or regulation. To the best of LANDOWNER'S actual knowledge, there are no asbestos cQntaining materials and no urea-fermeldyde in, on or upon the Landowner Exchange Property. LANDOWNER hereby covenants and agrees to indemnify and hold CITY harmless from and against any and all loss, damage or liability suffered, sustained or incurred by CITY caused by a breach of any of the representations or warranties contained herein and shall be personally liable for any loss, damage, liabihty, injury, cost, expense, action or cause of action arising in connection with the presence or release of any such Hazardous Materials at, on or under the Landowner Exchange Property prior to the Closing Date which presence or release is in violation of any applicable law or regulation as of the Closing Date, including CITY'S reasonable attorneys' fees and consultants' fees and court costs. The provisions of this paragraph shall survive the Closing and transfer of title to the Landowner Exchange Property, and shall be in addition to any and all other rights of CITY as set forth herein or provided by law. LANDOWNER shall have the right to assume defense of any claim asserted by a third 5 ! I I !