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04-26-2021 EDA
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04-26-2021 EDA
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4/23/2021 9:56:05 AM
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4/23/2021 9:55:41 AM
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MV EDA
EDA Document Type
Packets
Date
4/26/2021
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4 <br />DOCSOPEN\MU205\50\716385.v4-4/22/21 <br /> Exhibit C. Form of Certificate of Completion and Release of Forfeiture <br /> Exhibit D. Form of Quit Claim Deed <br /> <br />Section 1.4. Incorporation of Recitals. The Recitals set forth in the preamble to this <br />Agreement are incorporated into this Agreement as if fully set forth herein. <br /> <br /> ARTICLE II <br /> <br /> Representations and Warranties <br /> <br /> Section 2.1. Representations by the EDA. The EDA makes the following representations as <br />the basis for the undertakings on its part herein contained: <br /> <br /> (a) The EDA is a public body corporate and politic under the laws of Minnesota. The <br />EDA has the power to enter into this Agreement and carry out its obligations hereunder. <br /> <br /> (b) The persons executing this Agreement and related agreements and documents on <br />behalf of the EDA have the authority to do so and to bind the EDA by their actions. <br /> <br /> (c) The EDA has received no notice or communication from any local, State or federal <br />official that the proposed activities of the Developer may be or will be in violation of any <br />environmental law or regulation. The EDA is aware of no facts the existence of which would cause <br />it to be in violation of any local, State or federal environmental law, regulation or review procedure. <br /> <br /> (d) Neither the execution and delivery of this Agreement, the consummation of the <br />transactions contemplated hereby, nor the fulfillment of or compliance with the terms and <br />conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, <br />the terms, conditions or provisions or any restriction or any evidence of indebtedness, agreement <br />or instrument of whatever nature to which the EDA is now a party or by which it is bound, or <br />constitutes a default under any of the foregoing. <br /> <br /> Section 2.2. Representations and Warranties by the Developer. The Developer makes the <br />following representations as the basis for the undertakings on its part herein contained: <br /> <br /> (a) The Developer is duly organized and in good standing under the laws of Minnesota <br />and is not in violation of any provisions of its articles of organization or by-laws. The Developer has <br />the power to enter into this Agreement and carry out its obligations hereunder. The persons executing <br />this Agreement and related agreements and documents on behalf of the Developer have the authority <br />to do so and to bind the Developer by their actions. <br /> <br /> (b) In the event the Development Property is conveyed to the Developer, the Developer, <br />or its successors and assigns, will construct, operate and maintain the Minimum Improvements on the <br />Development Property in substantial accordance with the terms of this Agreement, the Construction <br />Plans and all local, State and federal laws and regulations, including, but not limited to, environmental, <br />zoning, building code and public health laws. <br />
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