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Buyer assumes all costs and responsibilities, if any, to address same during the development process. d. Water Wells and Sewage Treatment Systems. To the best of Seller's knowledge, no water wells or sewage treatment systems exist on or under the Property or have existed on or under the Property. e. Rights of Others to Purchase Property. Seller has not entered into any other contracts for the sale of the Real Property, which remain in effect as of the date of this Agreement, nor are there any rights of first refusal or options to purchase the Real Property or any other rights of others that might prevent the consummation of this Agreement. f. FIRPTA. Seller is not a "foreign person", "foreign partnership", "foreign trust" or "foreign estate" as those terms are defined in Section 1445 of the Internal Revenue Code. g• Proceedings. There is no action, litigation, investigation, condemnation or proceeding of any kind pending or to the best knowledge of Seller, threatened against Seller or any portion of the Real Property that would affect Seller's ability to perform its obligations under this Agreement. h. Assessments. Seller has received no notices from any governmental entity regarding assessments or planned improvements that may result in assessments to the Property. i. Governmental Notices. Seller has not received any notices of violations of any statute, code, ordinance, law or regulation regarding the Property which were sent by governmental entities to Seller at any time during its ownership of the Property. J• Unrecorded Documents. There are no unrecorded leases, contracts, easements, or any other documents creating rights in parties other than Seller which cannot be terminated by Seller prior to Closing and which will continue to affect the Property after Closing. k. Condition of Property. lo the best of Seller's knowledge_ Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the Property. 1. Authority. Seller has the requisite power and authority to enter into and perform this Agreement; the execution of this Agreement and performance of the Seller's obligations hereunder have been duly authorized by all necessary action on the part of the Seller and have been duly executed and delivered; this Agreement is a valid and binding obligation of Seller enforceable with its terms. 9 Davis Real Estate/City of Little Canada