05-13-2002 Council Packet - Laserfiche WebLink

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(d) The individual executing this Purchase Agreement on behalf of the Buyer has the legal authority and legal capacity to execute this agreement on behalf of the Buyer and to bind the Buyer. 13. Buyer’s Inspection and Environmental Investigation. At all times prior to the Closing, Buyer and its agents shall have the right, upon reasonable notice to Seller, to go upon the Property to inspect the Property, to Survey the Property, and to determine the condition of the Property, including specifically the presence or absence of hazardous substances, and petroleum products and asbestos in, on, or about the Property. Buyer agrees to indemnify and defend Seller from, and to hold Seller harmless against any and all claims, causes of action or expenses, including attorneys fees, relating to or arising from Buyer's presence on the Property prior to the Closing. Buyer agrees to repair any damage to the Prope»^ caused by such inspections and to return the Property to substantially the sa* idition as existed prior to Buyer’s inspection. 14. Condition of Property at Closing. Buyer, for Buyer and Buyer’s successors and assigns, releases Seller from, and waives all claims and liability against Seller for, any physical or environmental conditions at the Property and further releases Seller from, and waives all liability against Seller attributable to, the physical and environmental condition of the Property, including without limitation the presence or discovery of environmental contamination in, at, about or under the Property, or connected with or arising out of any and all claims or causes of action based upon any environmental law. Except as reflected in Section 11, Seller makes no representations or warranties whatsoever to Buyer regarding the presence or absence of any environmental contamination. Buyer hereby acknowledges and agrees that it shall rely solely on the investigations, information, studies and reports prepared by or through Buyer, at its sole cost and expense, with regard to environmental contamination. Buyer shall make such studies and investigations, conduct such tests and surveys, and engage such specialists as Buyer deems appropriate to evaluate fairly the Property and its risks from an environmental contamination standpoint. 15. Special Conditions and Contingencies. It is agreed and understood that the Buyer is acquiring the Property for the purpose of the construction of a medical/dental facility. The Buyer intends to construct a one (1) story facility with a partial Hip or Gabled roof and dormers, which is architectural compatible with the City Hall and Police station in the immediate area. The building will be approximately 15,000 square feet in size. Parking and access will be off of Kelley HC26DSi'4715- :6722ll vKREOl 14 2002