Agenda - Council - 12/19/2000 - Laserfiche WebLink

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-58- ARTICLE II REPRESENTATION AND UNDERTAKINGS Section 2.1. Bv the Develor~er. The Developer makes the following representations and undertakings: (a) Tlxe Developer has the legal authority and power to enter into this Ag-reement. (b) The Developer will construct the Minimm'n Improvements in accordance witi: the terms of this A~eement, the Pro,am, the TiT P[m'~, and all local, state and federal laws and regulations. (c) Upon completion of the Minimum Improvements, the Developer Will operate and maintain, or cause to be operated and maintained, the Minimum Improvements until the Maturity Date. (d) That Minimum hnprovements will be permitted uses under City ordinance, and wilt be constructed in con£om-fity with the Progam and TiT Plan, and will be constructed by the Developer together with land at a mirfimum market value of at least $t~'-i;9~0~01;,00:: (e) The Developer has received no notice or communication from any local, state or federal official that the activities of the Developer or the City in the Development District may be, or will be, in violation of any environmental law or regulation (other than those notices or communications of which the City is aware). The Developer is aware of no facts, the existence of, which would cause it to be in violation of or give any person a valid claim under any local, state or federal environmental law, regulation or review procedure. (f) Subject to unavoidable delays, tlxe Developer will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of ali applicable local, state.~gl federal laws and regulations which must be obtained or met before the Minimum Improvements may be lawfully constructed, (g) Neither the execution and delivery of this Ag"reement, the consummation of the transactions contemplated hereby, nor the fulfillment of, or compliance with, the terms and conditions of this A=o-reement, is prevented, limited by, or conflicts with, or results in a breach of the terms, conditions, or provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to wN. ch the Developer is now a pm-ty or by which the Developer is bound, or constitutes a default under any of'the foregoing. (g) The Developer will cooperate with the City with respect to any litigation, other than litigation in which the City and the Developer are adverse parties, commenced with respect to the TIF Plan, the Program, or Minimum Improvements. (1!) Business Subsidies Act I I I I I I I' I I I I I I ! I I I I I