2003-135 Council Resolution - Laserfiche WebLink

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Property for the development as proposed by Buyer or that the City has approved extension of such services. k) That as of the Closing Date there will be no unrecorded contracts, easements, leases or other agreements, or claim of any third party, affecting the title, use, development or occupancy of the Property, and no entity, firm or person has or as of the Closing Date will have any right of first refusal, option or other right to acquire all or any part of the Property. 1) That except for debts, liabilities and obligations for which provision is herein made for proration or other adjustment at Closing; there shall be no debts, liabilities or obligations of City with respect to the Property outstanding as of the Closing Date. m) That to the best of City's knowledge there is no contemplated, existing or proposed eminent domain proceeding, or private purchase in lieu thereof, relating to the Property or any portion thereof. n) That City is not a "foreign person" as that term is defined in Section 1445 of the Internal Revenue Code, as amended, and any applicable regulations promulgated thereunder. o) That each and every obligation and undertaking of City under this Agreement and any collateral agreement shall be performed by City timely when due. P) q) r) That there are no buildings or structures located on or under the Property that are subject to leases or rental agreements with tenants of the Property nor are there any tenants of the Property. That to the best of City's knowledge, there are no wells or storage tanks on the Property. That City shall not take or omit to take any action that would result in a violation or breach of any of the covenants, representations or warranties set forth in this Agreement; that City shall indemnify and hold Buyer harmless from and against any and all damage, liability or loss (including, without limitation, actual attorneys' fees and costs) that Buyer may incur by reason of any breach of, or inaccuracy in, the covenants, representations and warranties contained herein or in any certificate or other instrument furnished by City to Buyer pursuant hereto- and that City's covenants, indemnities, representations and warranties contained in this Agreement shall survive the Closing for a period of twenty-four (24) months. s) That City has received no notice or complaint from any other party regarding the Property and will maintain the Property in its current condition until Closing.