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2 <br />“Property” means the real property located in the County of Ramsey, State of Minnesota <br />that is legally described in Exhibit A. <br />“Remediation Activities” means the environmental remediation activities at the Project, <br />as identified in the Application. <br />B.The Recitals made at the beginning of this Agreement, and the Exhibits that are attached <br />to this Agreement, are true and correct and, by this reference, are incorporated into and <br />made a part of this Agreement. <br />2.DOCUMENTS DELIVERED WITH THIS AGREEMENT. <br />Prior to, or contemporaneously with the execution of this Agreement, Grantee has delivered to <br />County the following documents and/or instruments, each of which will be in a form acceptable <br />to County. <br />A.Evidence of the insurance coverages required by this Agreement in a form acceptable to <br />County, to be submitted on an annual basis on the anniversary date of this Agreement. <br />B.The certification regarding debarment, suspension, ineligibility, and voluntary exclusion <br />– lower tier covered transactions as set forth in Exhibit B. <br />C.Ramsey County Prevailing Wage Certification as set forth in Exhibit C. <br />3.REPRESENTATIONS AND WARRANTIES. <br />In order to induce County to enter into this Agreement, Grantee affirmatively represents and <br />warrants that: <br />A.Grantee has full power, right, and authority to execute and deliver this Agreement, and <br />the other documents required by this Agreement, to receive the funds provided in this <br />Agreement for, and to perform and observe each and all of the matters and things <br />provided for in said documents. The execution and delivery of this Agreement, and such <br />other documents as are required by this Agreement, and the performance or observance <br />of the terms of such documents have been duly authorized by all necessary action of <br />Grantee. <br />B.There are no actions, suits, or proceedings pending or, to the best knowledge of Grantee, <br />threatened against or affecting Grantee, or involving the validity or enforceability of this <br />Agreement, or the priority of any lien of the same, at law or in equity; and Grantee is not <br />in default with respect to any order, writ, injunction, decree, or demand of any court or <br />any governmental authority. <br />C.The consummation of this transaction and performance of Grantee’s obligations under <br />17