Agenda - Council - 04/12/2005 - Laserfiche WebLink

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be provided BUYER by ProSource Technologies, the environmental consultant retained by SELLER as a result of the building explosion. 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. 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 date of closing 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 date of closing so that no lien therefore can be asserted against the Property. SELLER is not in default, nor has there occurred any event which, with the passage of time or notice from a third party, or both, would constitute a default under any underlying financing or covenant affecting the Property or any part thereof. SELLER is neither a "foreign person" nor a "foreign corporation" (as those terms are defined in Section 1445 of the Internal Revenue Code of 1986, as amended). CONDITION OF PROPERTY: (1) SELLER'S BOUNDARY LINE~ ACCESS~ RESTRICTIONS AND LIEN (2) (3) WARRANTIES. SELLER warrants that buildings are entirely within the boundary lines of the Property. SELLER warrants that there is a right of access to the Property from a public right of way. SELLER warrants that there are no present violations of any restrictions relating to the use or improvement of the Property. These warranties shall survive the delivery of the deed or contract for deed. SELLER knows of no hazardous substances or petroleum products having been placed, stored, or released from or on the Property by any person in violation of any law, nor of any underground storage tanks having been located on the Property at any time, except as follows: NONE. SELLER advised BUYER that the MPCA has monitored debris removal from the Property and this process is more fully outlined in documents to be provdied BUYER by ProSource Technologies, the environmental consultant retained by SELLER as a result of building expolosion on the Property on December 28, 2004. SELLER has not received any notice from any govermnental authority as to the existence of any hazardous material, underground storage tanks, Dutch elm disease, oak wilt, or other disease of any trees on the Property. SELLER's warranties and representations contained in this paragraph 10.k. shall survive the delivery of the Deed, provide that any notice of a defect or 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.