Reso 2003-534 - Laserfiche WebLink

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arising through or relative to this transaction. The representations, warranties and agreements contained in this section shall survive the Closing of the transaction. 16. Survey. B'uyer, within seventy-five (75) days of the Effective Date of this Agreement, at its sole cost and expense, may obtain a final survey of the Property (the "Survey"), setting forth the legal description of the Property and indicating the gross acreage thereof. If the legal description differs from the legal description set forth in Exhibit "A" hereto and the title company is willing to issue policies on the basis thereof, the Survey legal description shall be substituted for the one contained in Exhibit "A". 17. Use. Seller acknowledges that the Property Buyer is purchasing may be used as a site for an electric substation with customary appurtenant activities and facilities. Buyer warrants that the substation will be constructed in accordance with the plans approved by the appropriate governmental bodies and that it will not change the architectural design after construction of the substation without prior approval from the appropriate governmental entities. In addition, Buyer agrees to permit Seller to retain any unused development rights not utilized by the Buyer in the construction or operation of its facilities and operation of its activities in connection therewith. To this end, Buyer agrees to enter into an Agreement to be provided by Seller pertaining to the unused development rights, provided same does not interfere, diminish, or impede Buyer's current or future use needs for the Property. 18. Hazardous Substances and Toxic Waste. Seller represents and warrants that to the best knowledge of Seller no hazardous substance or toxic waste are or have been stored upon the land or used in connection with the land, nor, to its knowledge are any hazardous substances or toxic waste or other pollutants 8