AG 2010 09 20 - Laserfiche WebLink

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to Seller, to terminate this Agreement, and upon such termination the Option Fee shall be returned to COUNTY. 17. Compliance with Subdivision Requirements If the conveyance of the Property by Seller to COUNTY results in a "subdivision" of property, as defined in any applicable subdivision ordinance, then, COUNTY shall be responsible for satisfying any requirements of the subdivision ordinance, including any costs associated with said requirements, or, at COUNTY's option, COUNTY may terminate this Agreement and receive the return of the Option Fee.. Closing. 18. Possession Seller agrees to deliver exclusive possession of the Property to COUNTY at 19. Representations and Warranties Seller hereby represents and warrants to COUNTY as follows: (a) Seller owns fee simple title to the Property. (b) The execution and performance of this Agreement by Seller, and the Closing contemplated hereunder, will not conflict with any provision of law applicable to Seller, nor will it result in the breach of any provision of, or constitute a default under, any agreement or instrument to which Seller is a party or by which Seller is bound. (c) Seller has not, nor to the actual knowledge of Seller has any prior owner of the Property, (1) made any commitments to any governmental agency or other third party relating to the Property that would impose any obligation on COUNTY to make contributions of money or land, or to install or maintain any improvements, or (2) executed or caused to be executed any document with or for the benefit of any governmental authority restricting the use, development or occupancy of the Property. (d) There are no liabilities which encumber the Property and no agreements or commitments relating to the Property that will survive Closing or be binding upon COUNTY, other than the Permitted Encumbrances (e) Seller has received no notice of any action, litigation, pending or threatened condemnation or other proceeding of any kind pending against the Seller that relates to or affects the Property. (f) To the best of Seller's knowledge, as of the date of this Agreement: (1) the Property does not contain any hazardous wastes, hazardous substances, hazardous materials, toxic substances, hazardous air pollutants or toxic pollutants, as those terms are used in applicable federal, state or local environmental laws; (2) the Property is not subject to federal, state or local regulations because of the presence of stored, leaked, spilled or disposed petroleum products, waste materials or debris, "PCB's ", underground storage tanks, asbestos, or any dangerous, hazardous or toxic substance as defined in or regulated by applicable federal, state or local laws, regulations or orders; and (3) no portion of the Property is filled land. Seller fiu•ther represents and warrants to COUNTY that the Property shall be maintained through the Closing Date in the condition represented and warranted above. (g) The Property has legal access to a public right -of -way. AO%%WnM number 1 F -13