Agenda - Council - 01/13/2015 - Laserfiche WebLink

Home

dredging or filling of any waters or the discharge into the air of any emissions, that would require a permit under the Federal Water Pollution Control Act, 33 U.S.C. Section 1251 et seq., or the Clean Air Act, U.S.C. Section 7401 et seq., or ledge, no substances or conditions exist in or on the Property that may support a claim or cause of action under RCRA, CERCLA or any other federal, state or local environmental statutes, regulations, ordinances or other environmental regulatory requirements, including without limitation, the Minnesota Environmental Response and Liability Act, Minn. Stat. 115B ("MERLA") and the Minnesota Petroleum Tank Release underground tanks, are located in or about the Property, or have been located under, in or about the Property and have subsequently been removed or filled. c. Environmental Claims. There is no Environmental Claim pending or, to the knowledge of the Seller, threatened against the Seller or against any person whose liability for such Environmental Claim the Seller has retained or assumed by contract, license use agreement, lease, warranty or guarantee, or any applicable Authority alleging potential liability (including potential liability for investigatory cost, cleanup cost, governmental response cost, natural resources damage, property damage, personal injury or penalty) arising out of or resulting from directly or indirectly, (a) the presence, or release into the environment, of any material or form of energy at any location, whether or not owned by the Seller, or b.) circumstances forming the basis of any violation, or alleged violation, of any Environmental Law. d. Water Wells . To the best of Seller's knowledge, no water wells exist on or under the Property or have existed on or under the Property. e. Rights of Others to Purchase Property . Seller has not entered into any other contracts for the sale of the Real Property, which remain in effect as of the date of this Agreement, nor are there any rights of first refusal or options to purchase the Real Property or any other rights of others that might prevent the consummation of this Agreement. f. FIRPTA . Seller is not a "foreign person", "foreign partnership", "foreign trust" or "foreign estate" as those terms are defined in Section 1445 of the Internal Revenue Code. g. Proceedings . There is no action, litigation, investigation, condemnation or proceeding of any kind pending or to the best knowledge of Seller, threatened against Seller or any portion of the Real Property that would affect Seller's ability to perform its obligations under this Agreement. 8