2006-02-22 CC Packet - Laserfiche WebLink

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Buyer and Seller represent and warrant that all brokerage charges incurred, if any, in connection with this transaction shall be paid by the party authorizing such broker to act in its behalf. SECTION 15 - NOTICES Unless otherwise provided herein, all notices shall be in writing and shall be delivered in person, by third party courier (including overnight courier such as Federal Express) or by certified mail, return receipt requested, postage prepaid, addressed to the party or person to whom notice is to be given at the following addresses: To Seller: Board of Water Commissioners of the City of St. Paul Attn: SPR WS General Manager 1900 Rice St., Office Building, St. Paul, MN 55113 To Buyer: City of Centerville Attn: City Administrator 1880 Main St. Centerville, MN 55038 SECTION 16 - REPRESENTATIONS AND WARRANTIES OF SELLER AND BUYER 16.01 Seller's Warranties. Seller represents and warrants to Buyer the following: a. The execution and delivery of this Agreement by Seller and consummation by Seller of the transaction contemplated hereby are within Seller's powers and all requisite action has been taken to make this Agreement valid and binding upon Sellers in accordance with its terms. b. Neither the execution nor the delivery of this Agreement by Seller nor its performance by Seller will conflict with or result in a violation or breach of any law, regulation, order, writ, or injunction of any court or governmental agency applicable to Seller or to the Property, or of any term, condition or any indenture or other contract or agreement to which Seller is a party, or cause a default thereunder, or result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever on the Property pursuant to the terms of any such agreement. c. That there are no lawsuits pending affecting the Property or affecting the right of Seller to convey the Property. d. That neither Seller nor any agent or employee of Seller has knowledge of or have received notice of any suits, judgments or violations relating to or at the Property of any zoning, building, fire, health, pollution, environmental protection or waste disposal ordinance, code, law or regulation which has not been heretofore corrected. e. That Seller makes no representation regarding future real estate taxes or assessments for the Property, except as may be specifically provided in this Agreement. H:\Property Purchase-Disposal\Park Property\Purchase and Sale of vacant lot_ParceI2-v1.doc 611~l