6B, Public Hearing Proposed TIF District Resolution 2010-081, -082 & -083

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_ _ __ _ {vi} Condition o� Triangle Parcel. Developer has received no n�tice, arder or other communication from any governmental body having jurisdiction over the Triangle Parcei requiring any improvement to or alteration of the Triangle Parcel wIaich has nat been remedied, and Der�eloper agrees to give Buyer prompt written natice of any such communication received on or prior to Closing Date. {vii) WeIIs/Septic S, s�. Developer either certiftes and warrants that it is not aware af the existence of any welIs on the Triangle Parcel within the meaning of Minn. Stat. § 103I.005, or if cannot provide such certification and warranty, wiit at or before CIosing provide a well disclasure statement in accordance with Minnesota Statues, Section 103�.235. Developer is not aware of any individual sewage treahnent system on the Triangle Parcei within the meaning of Minn. 5tat. § 115.55. (viii) Ri�ht to Sell. Developer has not entered into any othex unterminated contracts for the sale o� the Triangle Parcel, is not aware of any rights of first refusal or aptions to purchase the Triangie ParceI, and consummation of t�e sale will not violate the provisions of any gover�amental regulation or law applicable to Develaper, nor of any agreernent or instzument by which Develaper is bound. (ix) Parties in Possession. There will be no tenants or other parties in possession or with #he right to possession of the Triangle Paxcel on the Closing Date. (g). Developer Duties Before Closing. At ali times prior to Closing, Developer shalt comply with �he fallowing: (i) Except for demolifion, clearance and seeding, Developer shall main#ain the Triangle Parcel in the sam� condition as in existence on the date hereof and shali comply at all times with all applicable codes and ordinances; (ii} Deveioper shall continue to pay all real estate taxes and any installments of special assessments certified thereto which become due and payable' (iii) Developer shali not permit the storage, :release ar disposal of hazardous or toxic substances or contaminants on the Triangle Parcel; (iv) Developer shall not encumber, permit liens to attach to, or convey any interest in the Triangle Parcel to any other party; (v) No perrtzanent improvements shall be constructed on the Triangle Parcel without the City's written consent; and (vi) Developer shall pay all utilities due up to and including the Closing Date. Section 3.6. Relocation. Tlae parEies agree and understand that Developer may tcmporarily relocate residen#s af the existing buildings on Development Property during construction of the Minimum Improvements, and may also terminate leases to tenants of the Triangle Parcel. Witb.out Iinniting the Developer's obligations under Section 83 hereaf, the DeveIoper wi�l indemnify, defend, and hold harmless the City and its governing body members, employees, agents, and contractors fY-om any and all claims �or benefits or payments arising out of the relocation or displacement af any person from the existing improverne�ts on ihe Development Property, or tern�ination af any lease of the Triangle Parcel, as a result of 37s99o�s s�B �oo-ia 10