Agenda - Council - 06/08/2004 - Laserfiche WebLink

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ARTICLE II REPRESI~Nq~ATION AND UNDERTAKINGS Scctkm 2. I. By thc Develops'. The Developer makes the following representations and undertakings: (a) Thc l)evclopcr has ibc, legal authority and power to enter into this Agreement and is duly organized a~d existing general partnership under the laws of the State of M i~csota. (b) Thc: Developer will construct the Minimum Improvements in accordance with the tcn~s of lhis Agre~m~cnt, the Program, the TIF Plan, and all local, state and l'cderal laws and reg~.tlations. Upon completion of the Minimum Improvements, the Developer shall operate and maintain, or cause Io be operated and maintained, the Minimum Improvements tlnlil thc Matmity (d) That Minimum Imp ovcments will be permitted uses under City ordinance, and will be consmtcted in conlbrmity with the Program and TIF Plan, and will be con:;tmcted by the Dex eloper together with land at a minimum market value of at lcas~ Six Hundred Ei~lhtT-six Thousand and 00/100's ($686,000.00). Thc l)cveloper has r :ceived no notice or communication from any local, state or I'cderal official that ti~e activities of the Developer or the City in the Development l)ist~'ict may be, or wi/1 be, in violation of any environmental law or regulation (otl~.e~' than th~ose no,.iccs or comlmmications of which the City is aware). The l.>¢vcloper is aware ,~f rio facts, the existence of, which would cause it to be in violation el' ct' give any person a valid claim under any local, state or federal cnvi~-omne~tal law, regulation or review procedure. S ubj cot to Unavoidable l)clays, the Developer will obtain, in a timely manner, all required pennils, lic{:nses and approvals, and will meet, in a timely manner, all rcqu~remcnls o t' all applicable local, state and federal laws and regulations which must bo obtained or met before the Minimum Improvements may be lawfully c()ll~l~llctcd. Neitl~cr the execution: and delivery of this Agreement, the consummation of the transactions co~dompiated hereby, nor the fulfillment of, or compliance with, the t<mn:~ aml condilions of' this Agreement, is prevented, limited by, or conflicts with, or results; in ~ breach of the terms, conditions, or provisions of any parmorship t'estrictior~ o': any evidences of indebtedness, agreement or instrument el~ whatever nature lo which the Developer is now a party or by which the t)cvcloper is bound, o,- constitntes a default under any of the foregoing.