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I <br /> <br /> I <br /> <br /> I <br /> I <br /> I <br /> <br /> I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />I <br /> <br />goven:unent agencies providing financial assistance for the Project other than the <br />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 authorized by law to enter into this Ageement 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. §469.174. <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 confon-nity 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 />of, which would cause it to be in violation of, or give any person a valid claim, under any local, <br />state or federal enviromnental law, regulation or review procedure. <br /> <br /> (i) The City will provide the following financial assistance to the DeveloPer of the <br />Development Property. This assistance will be a total of $464,151. The financial assistance fi'om <br />the City shall be based upon the following calculations: <br /> <br />-70- <br /> <br /> <br />