10-27-2004 Council Agenda - Laserfiche WebLink

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stored, or released from or on the property by any person in violation of any law, nor of any underground storage tanks having been located on the property. Notwithstanding Buyer's environmental investigations of the property, Seller warrants and represents to Buyer that, to the best of Seller's knowledge, there have been no acts or occurrences upon the property that have caused or could cause hazardous substances or petroleum products to be released or discharged into the subsoil or ground water of the property or other property in the area. Seller represents and warrants to Buyer that, to the best of Seller's_ knowledge, the property is free of hazardous substances and is not subject to any "superfund" type liens or claims by governmental regulatory agencies or third parties arising from the release or threatened release of hazardous substances in, on, or about the property. Seller shall indemnify and hold Buyer harmless from any and all claims, causes of action, damages, losses, or costs (including lawyer's fees) relating to hazardous substances or petroleum products in the subsoil or ground water of the property or other property in the area which arise from or are caused by acts or occurrences upon the property prior to Buyer taking possession. These warranties and indemnifications shall survive the delivery of the Deed. (d) Seller affirmatively states that a portion of the subject property is located within zone A of the flood plain as determined by the Flood Insurance Rate Map for the City of Little Canada, Panel 2 of 2, dated November 3, 1982. Buyer shall determine by December 1, 2004 if said designation makes the property unusable for its purposes. [Check the box if the following provision applies to this Purchase Agreement] [ X ] ADDENDUM TO PURCHASE AGREEMENT: WETLANDS, SHORELAND AND FLOOD PLAIN DISCLOSURE, M.S.B.A. Real Property Form No. 8 (1997), is included as an addendum to this Purchase Agreement. (e) Seller represents that: city sewer: [ X ] is [ ] is not [ ] might not be available to the property through a service stub at the public right -of -way frontage line; city water: [ X ] is [ ] is not [ ] might not be available to the property through a service stub at the public right -of -way frontage line; electricity: [ ] is [ ] is not [ X ] might not be available to the property through a service stub at the public right -of -way frontage line; natural gas: [ ] is [ ] is not [ X ] might not be available to the property through a service stub at the public right -of -way frontage line; telephone: [ ] is [ ] is not [ X ] might not be available to the property through a service stub at the public right -of -way frontage line. 5 7