2017/03/29 Council Agenda Packet

i 2 ordinance, code,regulation,rule, or order,and including variances or special penults affecting such Transfer Lot(s). (f) Litigation. There is no litigation pending or the subject of any appeal or, to Owner's actual knowledge,threatened against Owner before any court or administrative agency that might result in Owner being unable to consummate this transaction or that would materially affect the Transfer Lot(s) or the City's use thereof. (g) Governmental Actions. Owner has not received written notice of any threatened or pending condemnation or eminent domain proceeding,nor does Owner have any actual knowledge that any such action is presently contemplated by any governmental authority affecting the Transfer Lot(s). (h) No Adverse Claimants. There are no known claims, defects, or boundary disputes affecting the Transfer Lot(s). (i) Hazardous Substances. Other than as disclosed below, Owner has(i)no knowledge of any generation, storage,transportation,release,deposit, spill,use,placement, or disposal of any Hazardous Substances on,in,or under the Transfer Lot(s)or any properties adjacent thereto that are owned by Owner,and there is not currently,nor has there been in the past, any known proceeding or inquiry by any governmental body with respect thereto; (ii)the Transfer Lot(s)do not now, and have not in the past, contained any underground storage tanks; and(iii)from September 1,2005,to the applicable Transfer Lot Closing Date, Owner has not and shall not generate, store,transport,release, deposit, spill,use,place,or dispose on, in,or under the Transfer Lots or any properties adjacent thereto any Hazardous Substances, except that Owner is transporting and remediating materials classified under the Department of Ecology's "Guidelines for Remediation of Petroleum Contaminated Soils"as Class 2 Soils that are below 8 131047136.14 1 5