Resolution 2016-73 - Laserfiche WebLink

Home Browse Search

h. To the best of Seller's knowledge, 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, if any, which are in place as of the date of execution hereof; i. To the best of Seller's knowledge, no part of the Property has ever been used as a landfill, and no materials, including without limitation, asbestos, PCB's or other hazardous substances have ever been stored or deposited 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 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 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 form 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 notice 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 or storage 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. To the best of Seller's knowledge, the Property is not subject to any prior or preemptive rights of purchase, any rights of first refusal or any similar rights. Each Party as Seller shall at the time of closing certify in writing to the other Party as Buyer that the foregoing representations and warranties remain true and correct as of the date of closing, or the relevant Party as Seller shall certify which representations and warranties no longer remain true and correct. With respect to Paragraph 16, the phrase "to the best of Seller's knowledge" shall mean, with respect to 608 Studios, shall mean the actual knowledge of Eric Fowles and, with respect to the City, shall mean the actual knowledge of Economic Development Director Aaron M. DeJong or the City Manager, Malcolm Fleming, in each case without any obligation of further inquiry. INSPECTION 17. Each Party as Buyer, at all times during the term of this Contract, shall have access to the other Party's Property for the purpose of conducting tests, studies, and surveys thereon, 7