2022-07-12_REVISION - M2010080 (3)

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Property safe and secure at all other times, keeping third parties from entering or accessing the Property. 6. OWNER WARRANTS &REPRESENTATIONS: a. Owner is the sole owner of the Property and surface rights (the owner does not own the oil, gas or other hydrocarbon mineral rights on the Property)and is in sole possession thereof and Owner has full power and authority to enter into this Agreement and to perform its obligations hereunder,and specifically to allow the City to remove the Mining Materials from the Property; b. City shall have the sole and exclusive right to use the Mining Materials without third party interference; c. Owner has received no notice and is not aware of any legal violation or proposed or pending condemnation or eminent domain action or proceeding affecting the Property and there is no action, suit,investigation or proceeding pending, and, to the actual knowledge of Owner, none threatened against Owner, the Property or any portion thereof in any court or by any federal, state, county or municipal department, commission, board, agency or other governmental instrumentality which, if determined adversely, would affect the Property or Owner's ability to perform its obligations under this Agreement; d. To Owner's knowledge the Property is in compliance with all applicable statutes, laws, ordinances and governmental rules, regulations, orders and agreements; e. There is no existing option to purchase, right of first refusal to purchase or agreement for the sale and purchase of the Property or any portion thereof, except for this Agreement and this Agreement does not violate any agreement, lease or other commitment by which Owner is bound; f. Owner shall keep the property safe and secure at all other times, and must notify City if Owner has knowledge of third-parties trespassing, accessing, impairing or misusing the Property, or if Owner obtains knowledge that the Property is in need of repair; g. To Owner's knowledge there are no third-party rights to remove agricultural products, or timber; h. Owner has not engaged in any Hazardous Materials Activity and no Hazardous Materials have been stored, kept, used or released by or on behalf of Owner or, at any time during Owner's occupancy in violation of any applicable Environmental Law;