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ARTICLE II
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<br />REPRESENTATION AND UNDERTAKINGS
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<br />Section 2.1. By theDeveloper. The Developer makes the following representations and undertakings:
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<br />(a) The Developer has the legal authority and power to enter into this Agreement.
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<br /> (b) The Developer will construct the Minimum Improvements in accordance with the terms of this
<br />Agreement, the Program, the TIF Plan, and all local, state and federal laws and regulations.
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<br /> (c) Upon completion of the Minimum Improvements, the Developer will operate and maintain, or
<br />cause to be operated and maintained, the Minimum Improvements until the Maturity Date.
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<br /> (d) That Minimum Improvements will be permitted uses under City ordinance, and will be
<br />constructed in conformity with the Program and TIF Plan, and will be constructed by the Developer at a minimum
<br />market value of at least One Million Six Hundred Thousand 00/100 Dollars ($1,600,000.00) for Phase One and at
<br />least One Million One Hundred Thousand 00/I00 Dollars ($I,100,000.00) for Phase Two.
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<br /> (e) The Developer has received no notice or communication from any local, state or federal official
<br />that the activities of the Developer or the City in the Development District may be, or will be, in violation of any
<br />environmental law or regulation (other than those notices or communications of which the City is aware). The
<br />Developer is aware of no facts, the existence of, which would cause it to be in violation of or give any person a
<br />valid claim under any local, state or federal environmental law, regulation or review procedure.
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<br /> (f) Subject to unavoidable delays, the Developer will obtain, in a timely manner, all required permits,
<br />licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state and federal
<br />laws and regulations which must be obtained or met before the Minimum Improvements may be lawfully
<br />constructed.
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<br /> (g) Neither the execution and delivery of this Agreement, the consummation of the transactions
<br />contemplated hereby, nor the fulfillment of, or compliance with, the terms and conditions of this Agreement, is
<br />prevented, limited by, or conflicts with, or results in a breach of the terms, conditions, or provisions of any
<br />corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the
<br />Developer is now a party or by which the Developer is bound, or constitutes a default under any of the foregoing.
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<br /> (h) The Developer will cooperate with the City with respect to any Iitigat?on, other than litigation in
<br />which the City and the Developer are adverse parties, commenced with respect to the TIF Plan, the Program, or
<br />Minimum Improvements.
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<br /> (i) The Developer, in accordance with the City assistance policy, will create new jobs at a rate of 1
<br />job for each $25,000 in assistance. The amount of assistance used to determine the number of jobs to be created
<br />will be the total assistance listed in Section 2.2 (i) of the Development Agreemer/t. The jobs created shall pay a
<br />minimum ofTen and 00/100 Dollars ($10.00) per hour excluding any benefits packale.
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<br /> (j) As a continuance of the economic development efforts expended between the City and the
<br />Developer and its assignees, in conjunction with the development of this site, the Developer herein agrees to
<br />recognize Ramsey as the City of location o'n' all forms of advertising and business correspondence whenever
<br />reasonably prudent to do so.
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