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CC - Agendas - City Council - REGULAR - 3/23/2010
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CC - Agendas - City Council - REGULAR - 3/23/2010
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Last modified
1/15/2020 11:47:57 AM
Creation date
11/13/2018 11:03:25 AM
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CC - Agendas
Department
City Clerk
Sub
Clerk Records
Content
Agendas
Committee Status
Current
Document Type
City Council
Meeting Type
REGULAR
Meeting Date
3/23/2010
Retention
Permanent
Retention Type
Permanent
Security
Public
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Conversion
Scan Date
11/13/2018
Record Series
GS1016, #10260
Supplemental fields
Conversion Number
2420580
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D. Seller has no knowledge of any pending, threatened or contemplated action <br /> of eminent domain or any other public or quasi-public taking of all or any portion of the <br /> Property. <br /> E. Seller has not authorized any work on the Property which could result in any <br /> mechanics' liens, claims of lien or other claims against the Property, and all bills for work done <br /> or material supplied to the Property have been paid. Seller shall indemnify, defend, protect and <br /> hold Buyer harmless from any unrecorded mechanics', surveyors' or engineers' liens, claims of <br /> lien or other claims against the Property occurring or arising for work or services performed at <br /> Seller's request to or for the Property prior to the Closing, except for work performed by or on <br /> behalf of Buyer. <br /> F. To Seller's knowledge, there are not any adverse claims of adjoining property <br /> owners against the Property; there are no adverse parties in possession of the Property or any part <br /> thereof; and there are no encroachments by Seller on the Property or by others in the Property, <br /> except as disclosed in the Title Report. <br /> G. To Seller's knowledge, but without any investigation or inquiry of any kind, <br /> the Property has not been used by Seller or any of Seller's predecessors in title, nor by anyone <br /> else, to generate, manufacture, refine, transport, treat, store, handle, discharge or dispose of <br /> hazardous or toxic wastes or substances, except for insecticides, pesticides, chemicals, and other <br /> substances used in connection with the growing and harvesting of agricultural products or the <br /> preparation or use of the land for agricultural purposes. Seller is not aware of any proceeding or <br /> inquiry by any governmental authority with respect to the presence of hazardous materials on the <br /> Property or the migration of hazardous materials from or to other property. <br /> 9. DISCLAIMER. <br /> A. Except as herein specifically set forth, Seller makes no representations or <br /> warranties, express or implied, with respect to, and shall have no liability for: (1)the condition of <br /> the Property or the suitability of the Property for Buyer's intended use or for any use whatsoever; <br /> (2) any applicable building or zoning laws or regulations or with respect to compliance therewith <br /> or with respect to the existence of or compliance with any required permits, if any, of any <br /> governmental agency; (3) the availability of water, sewer or other utilities; (4) water, sewer or <br /> other utility districts; (5) access to any public or private sanitary sewer system; or (6) the <br /> presence of any hazardous substances on or under the Property. Without limiting the generality <br /> of the foregoing, but subject to the representations set forth in Section 8, Seller shall have no <br /> liability to Buyer with respect to the condition of the Property under common law, or any federal, <br /> state, or local law or regulation, including but not limited to the Comprehensive Environmental <br /> Response, Compensation and Liability Act of 1980 as amended, 42 U.S.C.A. §9601 et seq., or <br /> any similar state statutes in Arizona, including but not limited to the Arizona State Superfund <br /> Act, as codified in A.R.S. §49-281 through 287, and Buyer hereby waives any and all claims <br /> which the Buyer has or may have against the Seller with respect to the condition of the Property <br /> (except claims for a breach of Seller's representations and warranties set forth in Section 8), <br /> including any private causes of action arising under the foregoing statutes concerning the <br /> Property and any conditions in the Property. <br /> 6 <br />
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