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<br /> Developer Representations. <br />The Developer represents and warrants that: <br />(a) The Developer is a Minnesota limited liability company and has power to enter <br />into this Agreement and has duly authorized, by all necessary corporate action, the <br />execution and delivery of this Agreement. <br />(b) Developer will, to the extent required by this Agreement, construct the Project <br />in accordance with the terms of this Agreement, the TIF Plan and all local, state and federal <br />laws and regulations. <br />(c) At such time or times as may be required by law, the Developer will have <br />complied with all local, state and federal environmental laws and regulations applicable to <br />the Project, and will have obtained any and all necessary environmental reviews, licenses <br />and clearances. The Developer has received no written notice or communication from any <br />local, state or federal official that the activities of the Developer or the HRA with respect <br />to the Development Property may be or will be in violation of any environmental law or <br />regulation. The Developer is aware of no facts the existence of which would cause it to be <br />in violation of any local, state or federal environmental law, regulation or review procedure <br />with respect to the Development Property. <br />(d) Neither the execution or 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 by, limited by, conflicts with, or results in a <br />breach of, any restriction, agreement or instrument to which the Developer is now a party <br />or by which the Developer is bound. <br />(e) The Developer has no knowledge or information that any member of the HRA, <br />City Council, or any other officer of the HRA or City has any direct or indirect financial <br />interest in the Developer, the Development Property, or the Project. <br />(f) The Developer will obtain, in a timely manner, all required permits, licenses <br />and approvals, and will meet, in a timely manner, all requirements of all local, state and <br />federal laws and regulations which must be obtained or met in connection with the Project. <br />Without limitation to the foregoing, the Developer will request and seek to obtain from the <br />HRA or the City all necessary variances, conditional use permits and zoning changes. <br />(g) The Developer would not undertake the Project without the financial assistance <br />to be provided by the City pursuant to this Agreement and the TIF Plan. <br />(h) Apart from the assistance to be provided under this Agreement, the Developer <br />shall pay all standard charges and fees due with respect to real estate developments and <br />allocable to the Development Property under City ordinances and the City Code, including <br />but not limited to special assessments for local improvements, sewer and water use charges, <br />building permit fees, plat fees, inspection fees, storm water fees and the like used against <br />the Development Property. <br />5 <br /> <br />