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<br />1251 et seq.; (d) the Clean Air Act, 42 U.S.C. S 7401, et seq.; (e) the Clean Water Act, . <br />33 U.S,C. S 1251 et seq.; (f) the Toxic Substances Control Act, 15 U.S.C. S 2601 et <br />seq.; (g) the Safe Drinking Water Act, 42 U,S.C. S 300(f) et seq.; (h) the Minnesota <br />Environmental Response and Liability Act, Minn. Stat. S 155B; (i) the Minnesota <br />Petroleum Tank Release Cleanup Act, Minn. Stat. S 115C; U) all rules or regulations <br />promulgated under any of the foregoing; (k) any amendments of the foregoing; or (I) <br />any other federal, state, county, municipal, local or other statute, law, ordinance or <br />regulation (collectively, "Environmental Laws"). As of the Execution Date, Seller does <br />not have any knowledge of a release, spill, leak or other contamination onto the <br />Property and there are no restrictions, clean ups or remediation plans regarding the <br />Property, <br /> <br />9.5 Wells/Tanks. As of the Execution Date, Seller does not have any <br />knowledge of any wells (except as shown on Exhibit A), sewage treatment systems or <br />aboveground or underground storage tanks located on the Property. Seller shall <br />complete and deliver to Buyer at Closing any disclosure statement required by law <br />regarding wells, sewage treatment systems or aboveground or underground storage <br />tanks. <br /> <br />The obligations of Buyer to purchase the Property and to perform the other covenants <br />and obligations to be performed by Buyer shall be subject to the representations and <br />warranties made by Seller being true and correct on the Closing Date with the same force and <br />effect as though such representations and warranties had been made on and as of such date. <br />Seller hereby indemnifies and holds Buyer harmless from and against any and all liabilities, . <br />damages, costs, expenses (including attorneys' fees), causes of action, suits, claims, <br />demands or judgments of any nature whatsoever or whensoever arising from the inaccuracy <br />of Seller's representations and warranties set forth in this Section. The representations and <br />warranties set forth in this Section shall not be limited as a result of any investigations <br />conducted by Buyer, whether with respect to environmental matters or otherwise. <br /> <br />10. Subdivision. As part of the approval process set forth in Section 5.5, Buyer <br />shall promptly take the following actions: <br /> <br />10.1 Subdivision. Buyer will commence proceedings with the appropriate <br />authorities to create a separate recordable legal description and real estate tax parcel <br />for the City Parcel and the Property ("Subdivision"). The parties acknowledge that <br />Buyer shall only be obligated to create a separate recordable legal description and real <br />estate tax parcel for the City Parcel and the Property and, accordingly, Buyer may <br />obtain the Subdivision in the simplest and quickest legal manner. Seller shall <br />cooperate with Buyer's attempts to obtain the Subdivision. Buyer shall use reasonable <br />efforts to complete the Subdivision. Provided, that nothing herein shall obligate Seller <br />to approve a subdivision or plat ofthe Initial Property unless the subdivision or plat is in <br />compliance with Seller's regulations. <br /> <br />10.2 Expenses of Subdivision. Buyer shall be responsible for all costs and <br />expenses associated with the Subdivision; provided, however, that real estate taxes . <br /> <br />PurcMse Agreement 4 <br /> <br />8 <br />