Agenda - Council - 12/13/2005 - Laserfiche WebLink

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f. To the best of SELLER's knowledge: there is no action, litigation, investigation, condemnation or proceeding of any kind pending against SELLER or the Property which could adversely affect the Property, any portion thereof or title thereto. g. 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. h. 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 therefor can be asserted against the Property. -539- i. 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). k. That there are not now, nor have.there ever been underground or above ground storage tanks of any size or type located on the Property nor any Hazardous Substances (defined below) located on the Property in violation of applicable governmental requirements, and the Property has not been used in connection with the generation, disposal, storage, treatment or transportation of Hazardous Substances in violation of applicable governmental requirements. For purposes of this Agreement, the term "Hazardous Substances" includes but is not limited to substances defined as "hazardous substances," "toxic substances," "hazardous wastes," "pollutants" or "contaminants" under federal or Minnesota law. The term "Hazardous Substance" shall also include asbestos, polychlorinated biphenyls, petroleum, including crude oil or any fraction thereof, petroleum products, heating oil, natural gas, natural gas liquids, liquefied natural gas, or synthetic gas useable for fuel (or mixtures of natural gas and synthetic gas). i. There are water wells on the Property. Attached is SELLER's Minnesota Department of Health Well Disclosure Statement. mo SELLER certifies that sewage generated at the Property does not go to a facility permitted by the Minnesota Pollution Control Agency. Attached is SELLER's Private Sewer System Disclosure. SELLER has not appealed any real estate tax or assessment payable on the Property and has made no commitments or agq'eements with any taxing authorities in respect thereto relating to any year subsequent to the year of closing. SELLER'S INDEMNITY. SELLER ,Mll .indemnify BUYER, its successors and assigns, against, and will hold BUYER, its successors and assigns, harmless from, any expenses or damages, including reasonable attorneys' fees, that BUYER incurs because of the breach of any of the representations and warranties contained in this Paragraph 10, whether such breach is discovered before or after