02-13-2019 Council Packet - Laserfiche WebLink

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3 (a) The City is a public body politic and corporate under the laws of the State of Minnesota, has the power to enter into this Agreement and to carry out its obligations hereunder. Section 2.2. Representations and Warranties by the AFSA. The AFSA represents and warrants that: (a) AFSA is a non-profit corporation duly organized and authorized to transact business in the State, is not in violation of any provisions of its corporation or the laws of the State, has the power to enter into this Agreement and has duly authorized the execution, delivery and performance of this Agreement by proper action of the corporation. (b) AFSA will make certain modifications to the site in accordance with the terms of this Agreement, and all local and federal laws and regulations (including, but not limited to, environmental, zoning, building code and public health laws and regulations). (c) It is the intent and understanding of the parties that AFSA intends to operate a charter school for grades pre-k through 8 upon the Property. (d) AFSA has received no notice or communication from any local, state or federal official that the proposed activities of AFSA may be or will be in violation of any environmental law or regulation. AFSA is aware of no violation of any local, state or federal environmental law, regulation or review procedure, or of any facts which would give any person a valid claim under the Minnesota Environmental Rights Act. (e) AFSA will use its best efforts to construct the Improvements in accordance with all local, state or federal energy conservation laws or regulations. (f) AFSA will obtain, in a timely manner, all required permits, licenses and approvals, and meet, in a timely manner, all requirements of all applicable local, state and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. (g) 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 Agreement is prevented or limited by, or in conflict with or will result in a breach of the terms, conditions or provisions of any evidence of indebtedness, agreement or instrument of whatever nature to which AFSA is now a party or by which it is bound, or will constitute a default under any of the foregoing. (h) AFSA shall provide to the City, upon execution of this Agreement and prior to the commencement any site improvements as set forth in the Site Plan, proof of financing in an amount and from a source found sufficient by the City to assure AFSA's ability to construct the site improvements contemplated by this Agreement.