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54 <br />(i) The Developer would not acquire the Development Property or construct the <br />Minimum Improvements, but for the execution of this Agreement and the tax increment <br />financing assistance made available hereunder. <br />(g) Developer will cooperate with the City and Authority with respect to any <br />litigation commenced by third parties with respect to the Development and the transactions <br />contemplated by this Agreement. <br />(h) There are no pending or threatened legal proceedings, of which the Developer has <br />notice, contemplating the liquidation or dissolution of the Developer or threatening its existence, <br />or seeking to restrain or enjoin the transactions contemplated by the Agreement, or questioning <br />the authority of the Developer to execute and deliver this Agreement or the validity of this <br />Agreement. <br />(i) The Developer has not received any notice from any local, state or federal official <br />that the activities of the Developer or the Authority with respect to the Development Property <br />may or will be in violation of any environmental law or regulation. The Developer is not aware <br />of any state or federal claim filed or planned to be filed by any party relating to any violation of <br />any local, state or federal environmental law, regulation or review procedure, and the Developer <br />is not aware of any violation of any local, state or federal law, regulation or review procedure <br />which would give any person a valid claim under any state or federal environmental statute, <br />including the Minnesota Environmental Rights Act, Minnesota Statutes, Section 11613.03 et. <br />seq., or the Minnesota Environmental Policy Act, Minnesota Statutes, Chapter 116D. <br />0) The financing commitments which the Developer has obtained or will obtain to <br />acquire the Development Property and to finance construction of the Minimum Improvements, <br />together with financing provided by the Authority pursuant to this Agreement, will be sufficient <br />to enable the Developer to successfully complete the Development in conformance with this <br />Agreement. <br />(k) The Developer will cooperate fully with the Authority and the City in resolution <br />of any traffic, parking, trash removal or public safety problems which may rise in connection <br />with the construction and operation of the Minimum Improvements. <br />ARTICLE III <br />LAND USE AND DEVELOPMENT CONTROLS <br />Section 3.1 Restrictions on Development. The Developer may not construct or <br />permit any Development to occur on any part of the Development Property until the Developer <br />satisfies the conditions described in Section 3.2. After the Developer satisfies the conditions <br />described in Section 3.2, the Developer may not, except upon the termination of this Agreement <br />or otherwise as provided herein, construct or permit any Development to occur on any part of the <br />Development Property until the City has approved Final Plans. <br />Section 3.2 Conditions of City/Authority Approval. Notwithstanding any other <br />provision of this Agreement, the Developer may not construct or permit any construction on any <br />part of the Development Property until the Developer satisfies each of following conditions: <br />10 <br />