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ARTICLE II <br />REPRESENTATIONS AND WARRANTIES <br />Section 2.1. Representations and Warranties of the <br />City. The City makes the following representations and <br />warranties: <br />(1) The City is a municipal corporation and political <br />subdivision organized under the provisions of the <br />Constitution, and laws of the State and has the power to <br />enter into this Agreement and carryout its obligations <br />hereunder. <br />(2) The Tax Increment District is a "redevelopment <br />district" within the meaning of Minnesota Statutes, Section <br />469.174, Subdivision 10, and was created, adopted and <br />approved in accordance with the terms of the Tax Increment <br />Act. <br />(3) The development contemplated by this Agreement is <br />in conformance with the development objectives set forth in <br />the Development Program and Tax Increment Financing Plan. <br />(4) The City makes no representation or warranty, <br />either express or implied, as to the Development Property or <br />its condition or the soil conditions thereon, or that the <br />Development Property shall be suitable for the Developer's <br />purposes or needs. <br />Section 2.2. Representations and Warranties of the <br />Developer. The Developer makes the following <br />representations and warranties: <br />(1) The Developer is a limited liability company and <br />has power to enter into this Agreement and to perform its <br />obligations hereunder and is, to its knowledge, not in <br />violation of any provisions of the laws of the State; and <br />1054867.2 <br />Page 55 <br />