Resolution 2008-39 - Laserfiche WebLink

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16. Seller; Wendy 'Y. Hunt, hereby represents and. warrants to the City of Louisville, Cblarada, Purchaser, `that as of the; date of the signing at this C'amract: a. Seller has received na actual native aF, and has no other knowledge of, any litigation, claim or prcx;eeding, pending or cutrc;ntly threatened, which in any manner affects the Property; b. Seller has received no actual native, .and. has no other knowledge cat; any curtent, existing victlatiotts of any federal, stag: or local law, code, ordinance, rule, regulation, ar requirement affecting the Property; c. Seller has the fu1.1 right, power and authority to transfer and convey the Property to the Purchaser as provided in this Contract and to carry out the Seller's obligations under this Contract; d. 'l'o Seller's actual knoveriedge each and every document, sc:hedttle, item. and other information delivered or to be delivered by the Seller to the Purchaser hereundet•, ar made available to the Purchaser f'or inspec;ticnn hereunder, shall be true, accurate and correct; e. '1'o Seller's actual knowledge, Seller has- not entered into any. agreenYents with any private persons or entity or with any governmental orquasi-governmental entity with respect to the. Prapei"ty .that may result in liability or expettscs to Purohase:r upon the 1'urchaseh's acquisition of'all or any portion ofthe Property; f. Seller has rc:c:eivc:ci na actual notice of any special assessments prc~pc~se:d as to the ;Property; g. Tu Seller's actual k~towiedge, the execution and delivery of this Contract anc~! the performance of all of the obligations of the Seller thereunder wi11 not result in a breach of or constitute a default under any agreement entered into by the Seller or under any covenant ar restriction affecting the Property; h. "ra Se;iler's actual knowledge, feller ltas not granted or created, and has no knowledge of any third patties mho may have the right to claim or assert, arty easement, right-of=way ar claim of possession not spawn by reward, whether by grrnt, prescription, adverse possession or otherwise, as to any part of the: Property except those roadways, if any, which. ate in p1aCC as of the date of ~xecutian htireof; i. To the best of Setter's knowledge; no part of the Property ;has e;vc~r• been used as a landfill, and rte materials, ine;luding without limitation, asbestos, f"C:Bs or atlter hazardous substances have ever been stored or deposited upon. the Property which would nndcr any applicable governmental law or regulation require that the Property be treated or materials retnnved Pram the Property :prior to the use of the Property far any ptrrpose which would. be permitted by law but for the existz1ttce of said materials on the Praperry;: j. 'I'o the best of Seller's knowledge, Se11er has oat caused or permitted. the release of any. hazardous substance on the Pr~aperty. The terzrt "hazardous substance" and "release" as used in this C`antract shall have the same meaning anal definition as set Earth in Pardg'raph (14), (22}