07-09-2014 Council Agenda - Laserfiche WebLink

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Fra -Dor, Inc. Aggregate Stockpiling and Recycling Interim Use Permit Interim Use Agreement Page 3 of 16 3. The execution, delivery and performance of this Agreement, and any other documents or instruments required pursuant to this Agreement by the City do not, and consummation of the transactions contemplated therein and the fulfillment of the terms thereof will not, conflict with or constitute on the part of the City a breach of or default under any existing: (i) agreement or instrument to which the City is a party or by which it may be bound; or (ii) legislative act, constitution or other proceeding establishing or relating to the establishment of the City or its officers or its resolutions. 4. There is not pending, nor to the best of the City's knowledge is there threatened, any suit, action or proceeding against the City before any court, arbitrator, administrative agency or governmental authority that materially and adversely affects the validity of any of the transactions contemplated thereby, the ability of the City to perform its obligations hereunder, or the validity of this Agreement. 5. No member of the City Council nor other officer of' the City has either a direct or indirect financial interest in this Agreement, nor will any member of' the City Council or officer of the City benefit financially from this Agreement within the meaning of Minnesota Statutes, Sections 412.311 and 471.87. Representations by Owner 6. Owner represents and warrants that it is a registered corporation organized and in good standing under the laws of the State, and is not in violation of its respective articles of organization, other organizational documents or the laws of this State. The company has the power to enter into this Agreement and has duly authorized the execution, delivery and performance of this Agreement by proper action of its officers. 4