Resolution 2008-29 - Laserfiche WebLink

Home Browse Search

16. Se11er, David Keown, hereby represents and warrants to the City of Louisville, Colorlda, Purchaser, that as of the date oftile signing of this Contract: a. Seller has received no actual notice of: and bas n~a ather Inowledge af; any iitigatiorl, claim or proceeding, pending or• currently threatened, ~vllicll in any manner affects the Property; b. Seller has received no actual ,lotico, and has no other Icno~vledge of any current., existing violations of any federal, state or local law, code, ordinance, rule, regulation, or requirement affecting the 1'raperCy; c. Seller has the full right, power and authority to tt•a.nsfcr and convey the Property to the Purchaser as provided in this Contract and to carry oul. the Sclier's ohligations Ernder this Contract; d. 'l'c~ Seller's actual knowledge, each and every clocutnent, schedule, item and other Itlfornlat1C7r1 delivered or to be delivered by the Seller to the PEtrcl~aser hereunder, or made available to the Purchaser for inspection hereunder, shall be true, accurate and correct; e. To Seller's actual. knowledge,. Seller has not eni:ered into any agreements with clny private persons or entity or with any govemtental or quasi-governmental entity with respect to the Property that may result in .liability or expenses to Purchaser upon the Purchaser's acquisition of all ai• any portion of the Property; f: Seller has received no actual Ilt}tlcc of illly Sl]e(:IiII assessments prolapsed as to the Properfiy; a, To Seller's actual knowledge, the execution and delivery of this Contract and flee performance of all pf the obligations of the. Seller thereunder «~ill not result in a breach pf or constitute a default under any agreement etltered into by the Seller or under any- covenant i~r restriction affiecting dle Property; il. Tc) Seller's actual knaLVledge, Seller has not gE•rEnted or created, and Ilan no knraovledge of any third parties ~vho may have the right to claitll or assert, any easement, right-of=way or claim of possession not shown by record, whether by grant, prescription, adverse possession ter ot}lerwise, as to any part of the Propetty except those roadways, if any, which ace ul place as of the date oi'executian hereof; i. To the best of Seller's kno~~+ledge, no part of the .Property has ever been used as a landfill, and no materials, including 1VIt11oUt 11111Itat1U11, asbestos, PC'l3s or other hazardous substances have ever beeal stored or deposited upon th+~ Property «Rhieh would under Duly applicable goverlrnental law or regulatiiorl require that the Property be treated or nlatcrials removed from the Property prior to the Else of the Property for any purpose wI11CI1 4vplild bG' permitted by law but for the existence of said materials on 1.he Property; j. Tp the best pf Seller's knowledge, Seller has not caused or permitted the release of any hazardous substance on the Pt•operfiy. The terrll `'hazardousy substance" and "release" as used in this Contract shall have the sane meaning and definition as set forth in Paragraph { 14), (??)