Resolution 5871 - Laserfiche WebLink

19.7.2 Actions The City has received no written notice of any action, litigation, condemnation or proceeding of any kind pending or threatened against any portion of the City Property that would prevent its compliance with this Agreement or have a material adverse effect upon development of any portion of the City Property as contemplated by the Development Plan. 19.7.3 Notice of Breach The City has not received a written notice that it is in violation of the Consent Decree CAP, Restrictive Covenant or the Tribes of Pilchuck Agreement or of any other governmental requirement, ordinance or regulation in respect of the City Property. 19.7.4 Work No work has been performed or is in progress at the direction of the City, and no materials have been furnished to the City Property at the request of the City that could result in a lien being asserted against the City Property and that have not been paid for or will not be paid for in full by the City prior to Closing. 19.7.5 Notice Prior to Closing The City shall promptly notify OM if the City learns that any of the representations or warranties cease to be true in any material respect at any time prior to Closing. 19.7.6 Leases; Other To the actual current knowledge of Mike Palacios, Real Property Manager at the City, there are no agreements granting to any third party any possessory or other right in or to the City Property or that would otherwise be binding on OM after Closing by virtue of OM acquiring title to the City Property that have not been provided to OM, that are not reflected in the Title Commitment or that would not be covered by title insurance at Closing. The foregoing shall be limited to the extent any OM has any information or materials to the contrary. 19.7.7 Mill Site The City, as part of its lease agreement with KLB Construction Company dated October 7, 2005 shall place engineered fill material on the Mill Site sufficient to raise the elevation of an areas of at least 12 acres outside of any wetlands, wetland buffers or critical area setbacks on the Mill Site (the "Mill Site Development Area") above the 100 year floodplain elevation established by FEMA. Following such fill placement, the City shall file and prosecute, using reasonable and diligent efforts, an application with FEMA to have FEMA amend the applicable Flood Insurance Rate Map to re-designate the Mill Site Development Area as within Zone X. In prosecuting the FEMA application, the City will pay for any and all third party studies or reports required for the application but shall not be obligated to obtain, and makes no representations regarding its ability to obtain, the FEMA Flood Insurance Rate Map amendment described herein. OM shall cooperate with the City and FEMA in all matters related to the amendment application and its prosecution, including without limitation signing all application materials and -52- 06107-0063 LEGAL 13023969.1