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<br />ARTICLE II <br />REPRESENTATION AND UNDERTAKINGS <br /> <br />Section 2.1. By the Developer. The Developer makes the following representations and <br />undertakings: <br /> <br />(a) The Developer has the legal authority ~d power to enter into this Agreement; <br /> <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 federal laws and <br />regulations; <br /> <br />(c) Upon completion of the Minimum Improvements, the Developer will operate and <br />maintain, or cause to be operated and maintained, the Minimum Improvements until the Maturity <br />Date. <br /> <br />(d) The Minimum Improvements constitute permitted uses under City ordinance, are in <br />conformity with the Program and TIP Plan, and will be constructed by the Developer at a market <br />value of at least Two Hundred Ten Thousand and 00/100 Dollars ($210,000.00). <br /> <br />(e) The Developer has received no notice or communication from any local, state or <br />federal official that the activities of the Developer or the City in the Development District may be, or <br />will be, in violation of any environmental law or regulation (other than those notices or <br />communications of which the City is aware). The Developer is aware of no facts, the existence of, <br />which would cause it to be in violation of or give any person a valid claim under any local, state or <br />federal environmental law, regulation or review procedure. <br /> <br />(1) The Developer will obtain, in a timely manner, all required permits, licenses and <br />approvals, and will meet, in a timely manner, all requirements of all applicable local, state and <br />federal laws and regulations which must be obtained or met before the Minimum Improvements <br />may be lawfully constructed. <br /> <br />(g) Neither the execution and delivery of this Agreement, the consummation of the <br />transactions contemplated hereby, nor the fulfil1ment of, or compliance with, the terms and <br />conditions of this Agreement, is prevented, limited by or conflicts with, or results in a breach of <br />the terms, conditions, or provisions of any corporate restriction or any evidences of indebtedness, <br />agreement or instrument of whatever nature to which the Developer is now a party or by which the <br />Developer is bound, or constitutes a default under any of the foregoing. <br /> <br />(h) The Developer will cooperate with the City with respect to any litigation, other than <br />litigation in which the City and the Developer are adverse parties, commenced with respect to the <br />TIF Plan, the Program, or Minimum Improvements. <br /> <br />(i) Whenever any Event of Default occurs and if the City employs attorneys or incur <br />other expenses for the collection of payments due, or to become due, or for the enforcement of <br />performance or observance of any obligation or agreement on the part of the Developer under this <br />Agreement, the Developer agrees that it shall, within ten days of written demand by the City, pay <br />to the City the reasonable fees of such attorneys and such other expenses so incurred by the City. <br /> <br />CD The Developer will purchase the Development Property from the City for Eighty <br />Thousand Dollars ($80,000). This payment shall take place prior to the issuance of the building <br />permit for the facility. <br /> <br />Page 5 <br />