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12-19-2001 Council Agenda
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12-19-2001 Council Agenda
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3. RECITALS. <br />3.1 Recital One. The Authority has created the Redevelopment Project Area <br />and adopted the Redevelopment Plan pursuant to Minnesota Statutes § §469.124- 469.134; <br />3.2 Recital Two. The Authority has created the Tax Increment District within <br />the Redevelopment Project Area and adopted the Tax Increment Financing Plan pursuant <br />to the provision of the Tax Increment Act; <br />3.3 Recital Three. Major objectives of the Redevelopment Plan and Tax <br />Increment Financing Plan are to prevent the deterioration of land and buildings located <br />within the Redevelopment Project Area and to cause the redevelopment of property <br />located within the Redevelopment Project Area in cooperation with private enterprise, <br />3.4 Recital Four. To achieve the objectives of the Redevelopment Plan and, <br />particularly, to make the Redevelopment Property available for private enterprise to <br />develop in conformance with the Redevelopment Plan, the Authority has determined to <br />convey the Redevelopment Property to the Developer pursuant to this Agreement; and <br />3.5 Recital Five. The Authority and the City believe the development of the <br />Redevelopment Property, as more fully set forth in and pursuant to the terms of this <br />Agreement, is vital to and is in the best interest of the City and the health, safety, morals, <br />and welfare of its residents, and is in accordance with the provisions and public purpose <br />of the applicable federal, State and local laws and requirements under which the <br />development of the Redevelopment Property has been undertaken and will be assisted. <br />4. REPRESENTATIONS AND WARRANTIES. <br />4.1 Representation and Warranties of the City and the Authority. The City <br />and Authority make the following representations and warranties to the Developer: <br />1353333vDOC <br />Red (V3 to V2) <br />(a) The City is a Minnesota municipal corporation. The Authority is a <br />body corporate and politic, organized under the laws of the state of Minnesota. <br />The City has the power to enter into the City Agreements and to perform the <br />City's obligations under the City Agreements. The Authority has the authority to <br />enter into the Authority Agreements and to carry out the Authority's obligations <br />under the Authority Agreements. <br />(b) Except for any member of the governing body that abstains from <br />voting on this Agreement and all other matters concerning the development of the <br />Redevelopment Property, the Redevelopment Property and the Minimum <br />Improvements, no member of the City Council or goveming body of the <br />Authority has any financial interest, direct or indirect, in this Agreement, the <br />Redevelopment Property or the Minimum Improvements, or any contract, <br />agreement or other transaction contemplated to occur or be undertaken thereunder <br />or with respect thereto. <br />Page 113 <br />
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