07/23/2007 Council Packet (2) - Laserfiche WebLink

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• • (f) Seller has no knowledge of any existing or alleged violation of law, municipal ordinance or other legal requirements of governmental authorities in respect to the Subject Property. (g) To the best of Seller's knowledge, there are no underground storage tanks on the Subject Property and all underground tanks previously located on the Subject Property have been removed from the Subject Property in accordance with all applicable laws, ordinances and regulations and all required certificates of closure and completion have been issued. (h) Seller is neither a "foreign person" nor a "foreign corporation" (as those terms are defined in Section 1445 of the Internal Revenue Code of 1986, as amended). (i) To the best of Seller's knowledge, there are no wells or private sewage disposal or septic systems on the Subject Property. (j) Neither Seller nor any of its agents or affiliates has appealed any real estate tax or assessment payable in respect to the Subject Property and has made no commitments or agreements with any taxing authorities in respect thereto relating to assessments payable for any year subsequent to 2006. (k) To the best of Seller's knowledge, no environmental reports have been made or prepared in connection with the Subject Property or adjacent properties owned or previously owned by Seller or its affiliates, nor does any environmental correspondence exist with any governmental agencies in respect to the Subject Property except those certain reports and correspondence listed on Exhibit F attached hereto, true and correct copies of which Seller has delivered to Purchaser. (1) To the best of Seller's knowledge, there are no tenants, persons or entities occupying any portion of the Subject Property and no claim exists against any portion of the Subject Property by reason of adverse possession or prescription. (m) Seller has not: (i) made a general assignment for the benefit of creditors, (ii) filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by Seller's creditors, (iii) suffered the appointment of a receiver to take possession of all, or substantially all, of Seller's assets, (iv) suffered the attachment or other judicial seizure of all, or substantially all, of Seller's assets, (v) admitted in writing its inability to pay its debts as they become due, or (vi) made an offer of settlement, extension or compensation to its creditors generally; and no attachments, assignments for the benefit of creditors, or insolvency, bankruptcy, reorganization, execution or other proceedings are pending or, to the best of Seller's knowledge, threatened against