Resolution 5666 - Laserfiche WebLink

(e) Legal Compliance. To Rinker's actual knowledge, the current use and operation of each of the Transfer Lots complies with all applicable laws. Rinker has received no written notice, and has no actual knowledge,of any violation or alleged violation of any legal requirement affecting the applicable Transfer Lot, including any violation or alleged violation of any local, state or federal environmental,zoning, land use, handicap or fire law, ordinance, code, regulation,rule or order, and including variances or special permits affecting an applicable Transfer Lot. (f) Litigation. There is no litigation pending or the subject of any appeal or, to Rinker's actual knowledge, threatened, against Rinker before any court or administrative agency which might result in Rinker being unable to consummate this transaction or which would materially affect the applicable Transfer Lot or the City's use thereof. (g) Governmental Actions. Rinker has not received written notice of any threatened or pending condemnation or eminent domain proceeding nor does Rinker have any actual knowledge that any such action is presently contemplated by any governmental authority. (h) No Adverse Claimants. There are no known claims, defects or boundary disputes affecting the applicable Transfer Lot. (i) Hazardous Substance. Rinker has no knowledge of any generation, storage, transportation,release, deposit, spill,use,placement or disposal of any Hazardous Substances on, in or under the Transfer Lots or any properties adjacent thereto which are owned by Rinker, and there is not currently, nor has there been in the past, any known proceeding or inquiry by any governmental body with respect thereto. The Transfer Lots do not now, and have not in the past, contained any underground storage tanks. From the date of execution of this 2004 Revised Development Agreement 7 8/23/2005