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(4) <br /> <br />The Developer a~ees to continue operations on the Development Property <br />for at least five (5) years after the Benefit Date. There are no other state or <br />local government agencies providing financial assistance for the Project other <br />than the City. <br /> <br /> Section 2.2 By the City. The City makes the following representations as.the basis for <br />the undertaking on its part herein contained: <br /> <br /> . (a) The City is attthorized by law to; enter into this Agreement and to carry out its <br />obligations hereunder. <br /> <br /> .(b) The City has found that the TIF District-is a "redevelopment tax increment <br />financing district," pursuant to M.S. §469. t74. <br /> <br /> (c) The City will, in a timely manner, subject to all notification requirements, review <br />and act upon all submittals and applications of the Developer, and will cooperate with the efforts <br />of the Developer to secure the granting of any permit, license, or other approval required, to <br />allow the construction of the Minimum Improvements; provided, however, that nothing <br />contained in this subparagraph shall be construed to Emit in any way the reasonable and <br />legitimate exercise of the City's discretion in considering any submittal or application. <br /> <br /> (d) The activities of the City are undertaken for the purpose of fostering the <br />redevelopment of certain real property which, for a variety of reasons, is presently unutilized and <br />underutilized and for the purpose of promoting economic 'development and the creation of <br />employment opportunities. <br /> <br /> (f') The City will cooperate with the Developer with respect to any litigation, other <br />than litigation in which the City and the Developer are adverse parties, commenced with respect <br />to the TIF Plan, Program, or Minimum Improvements. <br /> <br /> (g) The Development Property is properly zoned for the developer's intended use and <br />the Minimum Improvements contemplated by the construction Plans are in conformity with the <br />Program and TIF Plan. <br /> <br /> (h) The City has received no notice or communication from any local, state or federal <br />official that the activities of the Developer or the City in the Development District may be, or <br />will be, in violation of any environmental law or regulation '(other than those notices or <br />communications of which the Developer is aware). The City is aware of no facts, the existence <br />o~; which would cause it to be in violation of, or give any person a valid claim, under any local, <br />state or federal envirom'nental law, regulation or review procedure. <br /> <br /> (i) The City will provide the following financial assistance to the De~eloper of the <br />Development Property. This assistance will be a total of Three Hundred seventy-one thousand <br /> <br />-73- <br /> <br /> <br />