|
11
<br />
<br />12.5 Utilities. Seller has received no notice of actual or threatened reduction or
<br />curtailment of any utility service now supplied to the Real Property. Buyer acknowledges that
<br />Seller has shut-off utility service to the Property due to lack of use.
<br />
<br />12.6 Certificates of Occupancy. Seller has received no notice of actual or
<br />threatened cancellation or suspension of any certificates of occupancy for any portion of the
<br />Real Property.
<br />
<br />12.7 Assessments. Seller has received no notice of actual or threatened special
<br />assessments or reassessments of the Real Property.
<br />
<br />12.8 Environmental Laws. To the best knowledge of Seller, no toxic or
<br />hazardous substances or wastes, pollutants or contaminants (including, without limitation,
<br />asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated
<br />bipenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of
<br />such products, and any hazardous substance as defined in the Comprehensive
<br />Environmental Response Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C
<br />§9601-9657, as amended) have been generated, treated, stored, released or disposed of,
<br />or otherwise place, deposited in or located on the Real Property by the Seller or any of its
<br />tenants or others acting under or on behalf of Seller, and no activity has been undertaken on
<br />the Property since its purchase by Seller which would cause or contribute to the property to
<br />become a treatment, storage or disposal facility within the meaning of, or otherwise bring the
<br />Property within the ambit of, the Resource Conservation and Recovery Act of 1976 ("RCRA").
<br />42 U.S.C. §6901 et seq., or any similar state law or local ordinance, (b) a release or
<br />threatened release of toxic or hazardous wastes or substances, pollutants or contaminants,
<br />from the release of toxic or hazardous wastes or substances, pollutants or contaminants,
<br />from the Property within the meaning of, or otherwise bring the Property within the ambit of
<br />CERCLA, or any similar state law or local ordinance, or (c) the discharge of pollutants or
<br />effluents into any water source or system, the dredging or filling of any waters or the
<br />discharge into the air of any emissions, that would require a permit under the Federal Water
<br />Pollution Control Act, 33 U. S. C. §7401 et seq., or any similar state law or local ordinance. To
<br />the best knowledge of the Seller, and subject to the terms and conditions of that certain
<br />covenant not to sue between the U.S. Government, the State of Minnesota, the City of New
<br />Brighton and others, a copy of which has been or will be provided to the Buyer, there are no
<br />substances or conditions in or on the Property which may support a claim or cause of action
<br />under RCRA, CERCLA or any other federal, state or local environmental statutes,
<br />regulations, ordinances or other environmental regulatory requirements, including without
<br />limitation, the Minnesota Environmental Response and Liability Act, Minn. Stat. 1158
<br />("MERLA") and the Minnesota Petroleum Tank Release Cleanup Act, Minn. Stat.115C. To the
<br />best knowledge of Seller after due inquiry, no above ground or underground tanks are
<br />located under, in or about the Property and have subsequently been removed or filled.
<br />12.812.9 Underground Storage Tank. An
<br />underground storage tank of unknown size and contents was discovered on the property at
<br />167 South Owasso. The Seller will bear all reasonable costs associated with the removal of
<br />this tank including any testing or reporting requirements imposed by the Minnesota Pollution
<br />Control Agency.
<br />
<br />12.912.10 Rights of Others to Purchase Property. Seller has not entered into
<br />any other contracts for the sale of the property, nor are there any rights of first refusal or
<br />options to purchase the Property or any other rights of others that might prevent the
<br />consummation of this Agreement.
<br />Formatted: Font: Bold
|