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including Lot 1, Block 3, Brookman 3rd Addition (PIN 1302921210007) <br />and Lot 2, Block 3, Brookman 3rd Addition (PIN 1302921210016). <br />BUYER'S REPRESENTATIONS AND WARRANTIES. <br />Buyer represents, warrants and covenants to Seller as follows: <br />A. Buyer is duly organized and is in good standing under the laws of the <br />State of Minnesota; that Buyer has the requisite power and authority to <br />enter into the Agreement and the execution and delivery of this <br />Agreement has been duly authorized by all necessary action on the part of <br />Buyer. <br />B. Buyer agrees to initiate and use its best efforts to complete realignment of <br />current public right-of-way easement located between Lot 3, Block 2 and <br />Lot 1, Block 3, Brookman 3rd Addition to a mutually-agreed upon <br />alternative location. <br />C. Buyer agrees to limit local SAC and WAC charges, or any future initial <br />sewer and water service assessments, for all Lots not purchased by Buyer <br />under this Purchase Option, to that currently calculated for sewer and <br />water service to such Lots and included as exhibit C, including Lot 1, <br />Block 3, Brookman 3rd Addition (PIN 1302921210007) and Lot 2, Block <br />3, Brookman 3'd Addition (PIN 1302921210016). <br />D. Buyer agrees to imdemnify Seller from any future initial assessments for <br />provision of public parking on or adjacent to all Lots not purchased by <br />Buyer under this Purchase Option, including Lot 1, Block 3, Brookman 3rd <br />Addition (PIN 1302921210007) and Lot 2, Block 3, Brookman 3rd <br />Addition. For such consideration, Seller agrees to provision of necessary <br />additional utility, parking and public sidewalk/pathway easement and <br />consents to Buyer's utilization of reasonable financing tools, including but <br />not limited to Tax Increment Financing, to underake such public <br />improvements. <br />9. CONDITIONS. Seller's right to receive the Initial Option Fee from the Escrow <br />Agent is contingent upon each of the following: <br />A. Seller's delivery, promptly after the execution of this Agreement, to Buyer <br />or Buyer's Successor or Assigns of copies of all surveys, plans, designs, <br />environmental reports, governmental approvals and any documents <br />relating to the development or design or platting of the Property that <br />Seller has in its possession, if any; <br />7 <br />