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FROM BRIGGS MORGNN SP <br />(FRI)04.17.'9 10:24 <br />ARTICLE II <br />REPRESENTATIONS AND WARRANTIES <br />Section 2.1. <br />The City makes the <br />(1) The City <br />to enter into this <br />hereunder. <br />NO.9 PAGE c <br />Representations and Warranties of the City. <br />following representations and warranties: <br />is a municipal corporation and has the power <br />Agreement and carry out its obligations <br />(2) Based on the representation of the Developer set forth <br />in section 2.2(7) below, the Tax Increment District is an <br />"economic development district" within the meaning of Minnesota <br />Statutes, Section 469.174, Subdivision 12, and was created, <br />adopted and approved in accordance with the terms of the Tax <br />Increment Act. <br />(3) The development contemplated by this Agreement is in <br />conformance with the development objectives set forth in the <br />Development Program. <br />(4) To finance certain costs within the Tax Increment <br />District, the City proposes, subject to the further provisions of <br />this Agreement, to apply Tax Increments to reimburse the <br />Developer for the cost of the acquisition of the Development <br />Property and the costs of certain Site Improvements incurred in <br />connection with the Project as further provided in this <br />Agreement. <br />(5) The City makes no representation or warranty, either <br />express or implied, as to the Development Property or its <br />condition or the soil conditions thereon, or that the Development <br />Property shall be suitable for the Developer's purposes or needs. <br />(6) The City shall, at the sole expense of the Developer, <br />cooperate with the Developer in obtaining the required permits, <br />license, and approvals necessary for the Project from other <br />governmental agencies or political subdivisions. <br />(7) The City shall, at the sole expense of the Developer, <br />cooperate fully with the Developer with respect to any litigation <br />commenced with respect to the Project. <br />Section 2.2. Representations and Warranties of the <br />Developer. The Developer makes the following representations and <br />warranties: <br />(1) The Developer has power to enter into this Agreement <br />and to perform its obligations hereunder and is not in violation <br />of the laws of the State. <br />214192 <br />Page 31 <br />4 <br />