Resolution 2007-29 - Laserfiche WebLink

Home Browse Search

f. Seller has received no actual notice of any special assessments proposed as to the Property; g. To Seller's actual, pr1esent, knowledge, the execution and delivery of this Contract and the performance of all of the obligations of the Seller thereunder will not result in a breach of or constitute a default under any agreement entered into by the Seller or under any covenant or restriction affecting the Property; h. To Seller's actual, pr1esent, knowledge, Seller has not granted or created, and has no actual, present, knowledge of any third parties who may have the right to claim or assert, any easement, right-of-way or c:laim 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; i. Other than the historic use of the Property to dispose of family garbage, Seller has no actual, present, knowledge that any part of the Property has ever been used as a landfill, and no materials, including without limitation, asbestos, PCBs or other hazardous substances have ever been stored or d1eposited upon the Property which would under any applicable governmental law or regulation require that the Property be treated or 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; j. To the best of Seller's actual, present, knowledge, no underground storage tank, as that term is defined by fedt:ral statute or Colorado statute, is located on the Property which under applicable governffi(~ntal law or regulation is required to be upgraded, modified, replaced, closed or removed; k. Seller has received no actual notice from any oil company or related business, of any intention to conduct operations for the drilling of any oil or gas well on the Property, whether such notice is in the fornl of a "thirty-day notice" under the rules of the Oil and Gas Conservation Commission of the State of Colorado, a notice to commence earthwork for drilling operations, a notict~ for the location of access roads, or any other notice of any kind related to the conduct of operations for such drilling; 1. There are no leases, tenancies or rental agreements relating to the Property or any part thereof which cannot be terminated by Seller on or prior to the date of closing; and m. Seller is not a foreign person and is a resident of the State of Colorado. Therefore, withholding of Federal Income Tax and Colorado Income Tax from the amount realized will not be made by Purchasc~r. 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. 9