7.3. SR 07-20-2015 - Laserfiche WebLink

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Documents signed by it; such documents have been or will be duly authorized by all necessary action on the part of the City and have been or will be duly executed and delivered; such execution, delivery and performance by the City of such documents does not conflict with or result in a violation of any judgment, order, or decree of any court or arbiter to which the City is a party; such documents are valid and binding obligations of the City, and are enforceable in accordance with their terms, subject to bankruptcy, reorganization, insolvency, moratorium and other laws affecting the rights and remedies of creditors generally and principles of equity. 9.2. Utilities. The City has received no notice of actual or threatened reduction or curtailment of any utility service now supplied to the Property. 9.3. Rights of Others to Purchase the Property. The City has not entered into any other contracts for the sale of the Property, nor are there any rights of first refusal or options to purchase the Property or any other rights of others that might prevent the sale of the Property contemplated by this Agreement. 9.4. Use of the Property. To the best of the City’s knowledge without investigation, the Property is usable for its current uses without violating any federal, state, local or other governmental building, zoning, health, safety, platting, subdivision or other law, ordinance or regulation, or any applicable private restriction, and such use is a legal conforming use. 9.5. Proceedings. There is no action, litigation, investigation, condemnation or proceeding of any kind pending or, to the best of the City’s knowledge without investigation, threatened against the City or any portion of the Property. 9.6. Wells. No wells exist on the Property. 9.7. Sewage Treatment Systems. No sewage treatment system exists on the Property. 9.8. Title. The City owns fee title to the Property. 9.9. Assessments. The Property is not subject to any special assessments or reassessments. 9.10. Methamphetamine. To the best of the City’s knowledge, the Property has not been used for the production of methamphetamine. The City’s representations shall be true, accurate and complete as of the date of this Agreement, in all material respects and, as modified by any notices given by the City to the Buyer, on the Closing Date in all material respects. If any time prior to Closing, the Buyer shall determine that any representation herein made by the City was not true in all material respects when made, the Buyer’s sole remedy shall be to terminate this Agreement by giving notice to the City and seeking any applicable remedies for breach from the City. 7 455958v10 SJS EL185-31