Resolution 2025-55 - Laserfiche WebLink

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h. There are no leases, tenancies or rental agreements relating to the Property, or to any part thereof with the exception of a residential lease agreement dated October 29, 2024 by and between the Seller and Angela Thompson/Craig Thompson (the "Lease"), the term of which expires on September 30, 2025. Seller agrees not to extend the Lease term and certifies that the Lease will be terminated or expire on or prior to the Closing. i. Seller has not granted or created, and has no knowledge of any third parties who may have the right to claim or assert any easement, right-of- way or claim of possession not shown by record, whether by grant, prescription, adverse possession or otherwise, as to any part of the Property, except those roadways, irrigation ditches, irrigation laterals, and irrigation structures, if any, which are in place as of the date of execution hereof. j. To the best of Seller's knowledge, no part of the Property has ever been used as a landfill, and no materials have ever been stored or deposited upon the Property which under any applicable governmental law or regulation would require that the Property be treated or such materials removed from the Property prior to the use of the Property for any purpose which would be permitted by law but for the existence of said materials on the Property. k. To the best of Seller's knowledge, no underground storage tank, as that term is defined by federal statute or Colorado statute, is located on the Property which under applicable governmental law or regulation would require such underground storage tank to be upgraded, modified, replaced, closed or removed. I. To the best of Seller's knowledge, Seller has not caused or permitted the release of any hazardous substance on the Property. The terms "hazardous substance" and "release" as used herein shall have the same meaning and definition as set forth in Paragraphs (14), (22) and (23), respectively, of Title 42 U.S.C. Section 9601; provided, however, that the term "hazardous substance" as used herein also shall include "hazardous waste", as defined in Paragraph (5) of 42 U.S.C. Section 6903. m. Seller is not a foreign person for purposes of U.S. income taxation. Therefore, withholding of Federal Income Tax and Colorado Income Tax from the amount realized will not be made by City. At Closing, Seller shall execute and deliver a Certification prepared in conformance with IRS regulations under Section 1445 of the Internal Revenue Code and an Affirmation prepared in conformance with C.R.S. § 39-22-604-5, if required by the title company. Seller shall at the time of Closing certify in writing to the City that the above and foregoing representations and warranties remain true and correct as of the date of Closing, 4