3.6. SR 07-18-2005 - Laserfiche WebLink

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b. On or before the Date of Closing, Seller must payor provide for the payment of all special assessments levied or pending against the Property as of the Date of Closing, including special assessments certified for payment with the current year's real estate taxes; and c. Buyer and Seller must pro rate the real estate taxes, if any, which are payable in the year of closing on a per-diem basis using a calendar year, to the Date of Closing. If the Date of Closing occurs in the year in which Seller records the plat of NORTHSTAR BUSINESS PARK., Seller will have already paid any real estate taxes due and payable in that year in connection with the recording ofthe plat of NORTH STAR BUSINESS PARK.. For purposes of the pro-ration described in this Section 14(c), the real estate taxes due and payable with respect to the property in the year in which Seller records the plat of NORTH STAR BUSINESS PARK., will be calculated by multiplying the amount of the real estate taxes due and payable in that year for all of the property subject to the plat ofNORTHSTAR BUSINESS PARK by a fraction the numerator of which is the square footage of the Property and a denominator of which is the square footage of all lots in NORTHSTAR BUSINESS PARK. If the Date of Closing occurs in a year following the year in which the plat of NOR THST AR BUSINESS PARK is recorded, the current year real estate tax information will be used, if available, and if current year real estate tax information is not available using the amount of the real estate taxes due and payable in the year immediately preceding the year of closing. Any such pro-ration is final and no subsequent adjustments, refunds or additional payments must be made. 15. Seller's Representations. Seller makes the following representations to Buyer: a Seller represents that, to the best of Seller's actual knowledge, there is no action, litigation, governmental investigation, condemnation or administrative proceeding of any kind pending against Seller with respect to the Property or otherwise involving any portion of Property, and no third party has threatened Seller with commencement of any such action, litigation, investigation, condemnation or administrative proceeding. b. Seller represents that, to the best of Seller's actual knowledge, there are no wells located on the Property. c. Seller represents that, to the best of Seller's actual knowledge, there are no underground or above ground storage tanks of any size or type located on the Property. d. Seller represents that, to the best of Seller's actual knowledge, there are no Hazardous Substances located on the Property; .the Property is not subject to any liens or claims by government or regulatory agencies or third parties arising from the release or threatened release of Hazardous Substances in, on or about Property; and Property has not been used in connection with the generation, disposal, storage, treatment or transportation of Hazardous Substances. For purposes of this Agreement, the term "Hazardous Substance" includes but is not limited to substances defined as "hazardous substances," "toxic substances" or "hazardous wastes" in the Comprehensive Environmental Response Compensation Liability Act of 1980, as amended, 42 U.S.C. 1787610vl 7