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04-22-1992 Council Agenda
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04-22-1992 Council Agenda
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FROM BRIGGS MORGAm SP <br /><FRI X04. 17.' 92 10:25 <br />M0.9 PAGE <br />(2) The Developer will cause the Project to be installed in <br />accordance with the terms of this Agreement, the Development <br />Program, and all local, state and federal laws and regulations <br />(including, but not limited to, environmental, zoning, energy <br />conservation, building code and public health laws and <br />regulations). <br />(3) The construction of the Project would not be undertaken <br />by the Developer, and in the opinion of the Developer would not <br />be economically feasible within the reasonably foreseeable <br />future, without the assistance and benefit to the Developer <br />provided for in this Agreement. <br />(4) The Developer will use its best efforts to obtain, or <br />cause to be obtained, in a timely manner, all required permits, <br />licenses and approvals, and will meet, in a timely manner, all <br />requirements of all applicable local, state, and federal laws and <br />regulations which must be obtained or met before the Project may <br />be lawfully constructed. <br />(5) Neither the execution and delivery of this Agreement, <br />the consummation of the transactions contemplated hereby, nor the <br />fulfillment of or compliance with the terms and conditions of <br />this Agreement is prevented, limited by or conflicts with or <br />results in a breach of, the terms, conditions or provision of any <br />contractual restriction, evidence of indebtedness, agreement or <br />instrument of whatever nature to which the Developer is now a <br />party or by which it is bound, or constitutes a default under any <br />of the foregoing. <br />(6) The Developer will cooperate fully with the City with <br />respect to any litigation commenced with respect to the Project. <br />(7) The Project will be used exclusively for manufacturing, <br />or production of tangible personal property, including processing <br />resulting in the change in condition of the property, <br />warehousing, storage or distribution of property; but excluding <br />retail sales; research and development or telemarketing if that <br />activity is the exclusive use of the property; or for activities <br />which are directly related and in support of the above - described <br />activities, provided that, to the extent required by Minn. Stat. <br />5469.176, subd. 4(c), the use for activities that are directly <br />related to and in support of the above - described activities shall <br />not exceed 25% of the square footage of the Project. <br />(8) The Developer shall operate the Project within the City <br />until the Termination Date. <br />214192 <br />Page 32 <br />5 <br />
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