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Fra -Dor, Inc. <br />Aggregate Stockpiling and Recycling Interim Use Permit <br />Interim Use Agreement <br />Page 3 of 19 <br />2. The City has taken all action necessary to approve this Agreement and to <br />authorize the execution and delivery of this Agreement, and any permits, licenses or other <br />documents or instruments required to be executed and delivered by the City pursuant to this <br />Agreement. <br />3. The execution, delivery and performance of this Agreement, and any other <br />documents or instruments required pursuant to this Agreement by the City do not, and <br />consummation of the transactions contemplated therein and the fulfillment of the terms thereof' <br />will not, conflict with or constitute on the part of the City a breach of or default under any <br />existing: (i) agreement or instrument to which the City is a party or by which it may be bound; or <br />(ii) legislative act, constitution or other proceeding establishing or relating to the establishment <br />of the City or its officers or its resolutions. <br />4. There is not pending, nor to the best of the City's knowledge is there threatened, <br />any suit, action or proceeding against the City before any court, arbitrator, administrative agency <br />or governmental authority that materially and adversely affects the validity of any of the <br />transactions contemplated thereby, the ability of the City to perform its obligations hereunder, or <br />the validity of this Agreement. <br />5. No member of the City Council nor other officer of the City has either a direct or <br />indirect financial interest in this Agreement, nor will any member of the City Council or officer <br />of the City benefit financially from this Agreement within the meaning of Minnesota Statutes, <br />Sections 412.311 and 471.87. <br />Representations by Owner <br />