CCP 09-22-1997 - Laserfiche WebLink

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. I fI Seller sha11 have the righl to review and approve Purchasers plans and specifications for I the construction of the buildings and other improvements to be located on the Property in accordance with that certain Development Agreement dated as of September -' 1997, (the "Contract") between the Purchaser and the Arden Hills Economic Development Authority (the I "Authority"). Purchaser covenants and agrees to comply with the provisions of the Contract relative to the development of the Land. I 6, WETLANDS MITIGATION. As further eonsideration for the Seller's conveyance ofthe Property to the Purchaser, the I Purchaser agrees that the Purchaser will be responsible for certain wetlands mitigation that will be necessary by virtue of the construction of the Public Improvements to be constructed by the Authority pursuant to the Contract as specifically set forth in Section 4,2 of the Contract, I 7. Use. Purchaser agrees that the Property sba11 be used for the construction and operation of the I improvements described in the Contract, subject to the terms and limitations set forth in the Cont\1lct and as described in the documents approved by the Seller in granting PUD approval to the Purchaser's development. Ie 8. REPRESENTATIONS AND WARRANTIES. I (A) Seller represents and warranlS to Purchaser as follows, which representations and warranties sha11 be deemed made by Seller as of the date hereof and as of the Closing Date, sba11 survive the Closing, and but for such representations and waaanties, Purchaser would not I exe<:llte this Agreement: (1) There iIfe no other parties in poS$cssion of any portion of the Property. I (2) There are no pending or, to the best of Sellers knowledge, threatened actions, suits, condemnation or other proceedings before or by any judicial body or any I governmental authority, against or affecting Seller or the Property. (3) Seller has the present full authority and power to execute this Agreement I and to close the sale of the Property. (4) (a) (i) Neither the Property nor any portion of the Project has ever been I used by Seller to generate, manufacture, refine, transport, treat, store, handle, or dispose of (collectively, "Use") any "Hazardous Material" (as hereinafter defined), (ii) Seller has I no actual knowledge of the use of any Hazardous Material on, under, or in the Property or any portion of the Project, except as may be stated in the environmental assessment referenced in Section 10, (iii) Seller has no actual knowledge of any actions, claims, suits, .. or proceedings pending or threatened against Seller or the Property or any portion of the Project which relate to any violation or alleged violation of any "Environmental Laws" (as hereinafter defined); and (iv) so long as Seller retains an interest in the project, Seller I 4 S0'd 61>01. lZ6 G19 '\!"d '3>1I3a 'll .l.31Q~a: 1>0:1;:1 1.66t-6t-d3S -- ---.--