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SYSCO Amendment <br />Page 2 <br /> <br />Agreement <br /> <br /> In consideration of each party's promises as set forth in this First Amendment to <br />Mounds View Development Agreement No. 89-87, it is mutually agreed as follows: <br /> <br /> <br />ARTICLE ONE <br />REPRESENTATIONS AND WARRANTIES <br /> <br />1.01. City Representations and Warranties. The City makes the following representations as <br />the basis for the undertakings on its part contained herein: <br /> <br /> A. The City is a municipal corporation under the laws of Minnesota. <br /> <br /> B. The City has the right, power and authority to execute, deliver and perform its <br />obligations under this Agreement. <br /> <br />1.02. Developer Representations and Warranties. The Developer makes the following <br />representations as the basis for the undertakings on its part contained herein: <br /> <br /> A. The Developer is a Minnesota Corporation. <br /> <br /> B. The Developer has the right, power and authority to execute, deliver and <br />perform its obligations under this Agreement. The Developer assures the City that the <br />individuals who execute this Agreement on behalf of the Developer are duly authorized to sign <br />on behalf of the Developer and to bind the Developer thereto. <br /> <br /> C. The Developer is not in default under any lease, contract, or agreement to which <br />it is a party or by which it is bound which would affect its performance under this Agreement. <br />The Developer is not a party to or bound by any mortgage, lien, lease, agreement, instrument, <br />order, judgment, or decree which would prohibit the execution or performance of this <br />Agreement by the Developer or prohibit any of the transactions provided for in this Agreement. <br /> <br /> D. The Developer has complied with and will continue to comply with all applicable <br />federal, state and local statutes, laws, ordinances and regulations including, without limitation, <br />any permits, licenses and applicable zoning, environmental, or other laws, ordinances, or <br />regulations affecting the Property or the Improvements. The Developer is not aware of any <br />pending or threatened claim of any such violation. Without limitation of the foregoing, the <br />Developer expressly acknowledges and agrees that it has and shall at all times comply with <br />each and every provision of the City’s subdivision, zoning, and other related municipal code <br />regulations. <br /> <br /> E. There is no suit, action, arbitration or legal, administrative or other proceeding or <br />governmental investigation pending or threatened against or affecting the Developer or <br />Property. The Developer is not in default with respect to any order, writ, injunction or decree of <br />any federal, state, local or foreign court, department, agency or instrumentality.