Agenda - Council - 09/23/2003 - Laserfiche WebLink

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ARTICLE II REPRESENTATION AND UNDERTAKINGS Section 2.1. By the Developer. The Developer makes the following representations and undertakings: (a) The Developer has the legal authority and power to enter into this Agreement and is duly organized and existing limited liability company under the laws of the State of Minnesota. (b) The Developer will construct the Minimum Improvements in accordance with the terms of this Agreement, the Program, the TIF Plan, and all local, state and federal laws and regulations. (c) (d) (e) Upon completion of the Minimum Improvements, the Developer shall operate and maintain, or cause to be opcrat?~d~apd~ :rnaintained, the Minimum Improvements until the Maturity Date. That Minimum ImprovementS'Will be permitted Uses under City ordinance, and will be constructed in conformity .with the Program and TIF Plan, and will be constructed by the Developer together with land at a Minimum Market Value of at least Six Hundred Sixty-Two Thousand, Seven Hundred Dollars ($662,700). The Developer has receiyedno noficeor commun.ication 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 c.o. mmun~.cafions 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. (0 (g) Subject to Unavoidable De!37S~ ~heDeVe!0Per will obtain, in a timely manner, all required permits, licenses arid :appr0vals, and will meet, in a timely manner, all requirements of all applicable local,, state and federal laws and regulations which must be obtained or met: before-thC Minimum Improvements may be lawfully constructed. . : . , . Neither the execution and'delivery .of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of, or compliance with, the terms and conditions Of. this Agre.e. ment, is prevented, limited by, or conflicts with, or results in a br.each of~thelterms,. : . conditions, or provisions of any partnership restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the .Developer is now a party or by which the Developer is bound, or conStitutes a defaul~t under any of the foregoing.