4.9. SR 06-21-2021 - Laserfiche WebLink

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conditions in or on the City Parcel that may support a claim or cause of action under federal or state law or local ordinances or other environmental regulatory requirements. To the best of the City's knowledge, no part of the City Parcel is a "Wetland", as defined by law. The City will disclose Copart all environmental reports and studies with respect to the City Land which are in the City's possession or control. (g) To the best of the City's knowledge, there are no above- ground or underground tanks in or about the City Parcel. To the extent such storage tanks exist, each will be duly registered with all appropriate regulatory and governmental bodies and will be removed or brought into compliance with applicable federal, state and local statutes, regulations, ordinances and other regulatory requirements at the City's expense. (h) Solely for purposes of satisfying the requirements of Minn. Stat. § 115.55, the City certifies that, to the City's knowledge, there is no "individual sewage treatment system" (within the meaning of that statute) on or serving the City Parcel. The City certifies that sewage generated on the City Parcel goes to a facility permitted by the Minnesota Pollution Control Agency. Except as herein expressly stated, Copart is purchasing the City Parcel based upon its own investigation and inquiry and is not relying on any representation of the City or other person and is agreeing to accept and purchase the City Parcel "as is, where is" subject to the conditions of examination herein set forth and the express warranties herein contained. The representations set forth in this section shall be continuing and shall be true and correct as of the Date of Closing with the same force and effect as if made at that time and shall survive the Closing for a period of two (2) years. 11. COPART'S REPRESENTATIONS. ftitOn information and belief, Copart hereby represents to the City, 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 Copart are a parry so as to adversely affect the consummation of such transactions. (b) On the Date of Closing there will be no (i) outstanding leases or occupancy agreements, or (ii) outstanding contracts made by Copart for any improvements to the Copart Parcel which have not been fully paid for or for which Copart shall not have made arrangements to pay off, at Closing, or that will affect the Copart Parcel or be binding upon the City or upon the Copart Parcel subsequent to Closing without the City's written consent; and Copart shall cause to be discharged all mechanic's or materialmen's liens arising from any labor or materials furnished to the Copart Parcel that were made at the request of Copart, its agents, or contractors, prior to the Date of Closing and any mortgages or other such similar encumbrances. 215118v12 7