4.9. SR 06-21-2021 - Laserfiche WebLink

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warranted by the parties in this Agreement. Each parry will pay the cost of recording the deed for the property that the party is acquiring. 10. CITY'S REPRESENTATIONS. On information and belief, the City hereby represents to Copart, as of the date of this Agreement and as of the Closing Date, as follows: (a) The consummation of the transactions contemplated by this Agreement will not constitute a default or result in the breach of any term or provision of any contract or agreement to which the City is a parry so as to adversely affect the consummation of such transactions. (b) The execution, delivery and performance of this Agreement by the City has been authorized and approved by the City, and the person executing this Agreement on behalf of the City has full authority to bind the City to the terms hereof. (c) On the Date of Closing there will be no (i) outstanding leases or occupancy agreements, or (ii) outstanding contracts made by City for any improvements to the Property which have not been fully paid for or for which City shall not have made arrangements to pay off, at Closing, or that will affect the City Parcel or be binding upon Copart or upon the City Parcel subsequent to Closing without Copart's written consent; and the City shall cause to be discharged all mechanic's or materialmen's liens arising from any labor or materials furnished to the City Parcel that were made at the request of the City, its agents, or contractors, prior to the Date of Closing and any mortgages or other such similar encumbrances. (d) The City is not a foreign person; as such term is defined in Section 1445(f) (3) of the Internal Revenue Code of 1986, as amended, and shall deliver an affidavit to that effect at closing, which shall be in form and substance reasonably acceptable to Copart. (e) The City certifies that the City does not know of any "Wells" on the described City Parcel within the meaning of Minn. Stat. Chapter 103I, except as disclosed herein. This representation is intended to satisfy the requirements of that statute. (f) To the best of the City's knowledge, no toxic or hazardous substances or wastes, pollutants or contaminants (as defined in applicable federal or state laws or local ordinances) have been generated, treated, stored, released or disposed of, or otherwise placed, deposited in or located on the City Parcel, nor has any activity been undertaken on the City Parcel that would cause or contribute to (i) the City Parcel to become a treatment, storage or disposal facility as defined in any federal or state law or local ordinance, (ii) a release or threatened release of toxic or hazardous substances or wastes, pollutants or contaminants, from the City Parcel as prohibited by any federal or state law or local ordinance, or (iii) the discharge of pollutants or effluents into any water source or system, the dredging or filling of any waters or the discharge into the air of any emissions, that would require a permit under any federal or state law or local ordinance. To the best of the City's knowledge, there are no toxic or hazardous substances or wastes, pollutants or contaminants or other environmental 215118v12 6