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ARTICLE II <br /> REPRESENTATION AND UNDERTAKINGS <br /> Section 2 1 By the Developer The Developer makes the following representations and <br /> undertakings <br /> (a) The Developer has the legal authority and power to enter into this Agreement and <br /> is duly organized and existing Minnesota Limited Liability Company under the <br /> laws of the State of Minnesota <br /> (b) The Developer will construct the Minimum Improvements in accordance with the <br /> terms of this Agreement, the Program, the TIF Plan, and all local, state and <br /> federal laws and regulations <br /> (c) Upon completion of the Minimum Improvements. the Developer shall operate and <br /> maintain, or cause to be operated and maintained, the Minimum Improvements <br /> until the Maturity Date <br /> (d) That Minimum Improvements will be permitted uses under City ordinance, and <br /> will be constructed in conformity with the Program and TIF Plan, and will be <br /> constructed by the Developer together with land at a Minimum Market Value of <br /> at least One Million Five Hundred Fifty-two Thousand Eight Hundred Dollars <br /> and 00J100's ($1,552,800) <br /> (e) The Developer has received no notice of communication from any local, state or <br /> federal official that the activities of the Developer or the City in the Development <br /> District may be, or will be, in violation of any environmental law or regulation <br /> (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 <br /> violation of or give any person a valid claim under any local, state or federal <br /> environmental law,regulation or review procedure <br /> {� Subject to Unavoidable Delays, the Developer will obtain, in a timely manlier, all <br /> required permits, licenses and approvals, and will meet, in a timely manner, all <br /> requirements of all applicable local, state and federal laws and regulations which <br /> must be obtained or met before the Minimum Improvements may be lawfully <br /> constructed <br /> (g) Neither the execution and delivery of this Agreement, the consummation of the <br /> tiansactions contemplated hereby, nor the fulfillment of, or compliance with, the <br /> terms and conditions of this Agreement, is prevented, limited by, or conflicts <br /> with, or iesults in a breach of the terms, conditions, or piovisions of any <br /> partnership restriction or any evidences of indebtedness, agreement or instrument <br /> of whatever nature to which the Developer is now a party or by which the <br /> Developer is bound, of constitutes a default under any of the foregoing <br /> 5 <br />