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8A, Presbyterian Homes TIF
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12-20-10 Special City Counicl Meeting
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__ _ <br />ARTICLE Il <br />Represer�tations and Warranties <br />Sectron 2.1. Representa�ions by the Ci#v_. The City makes the folIowing reprEsentations as the <br />basis for the undertaking on its part herein cantained: <br />(a} The City is a statutory ciry duly organizec! and existing under the laws o� the State. <br />U�der the provisions of tlie Act, ihe City has the power to e�ter into this Agree�ten� and carry out its <br />obligations hereunder; and execution of this Agreernent has been duly, properly and validly authorized by <br />the City. <br />(b) The City propases to assist in financing certain Public Development Costs necessary to <br />serve the Developme��t Property and Miniinum �mprovements in accordance with the terms of this <br />Agreement. <br />Section 22. Representations and Warranties by the De�eloper. The Developer represents and <br />warrants tha�_ <br />(a) T��e IDe�elaper is a nonprofit corporation organized ar�d in good standir�g under the laws <br />of the State; is duly autharized to transact business wi#hin the State; and has the power to enter into this <br />Agreeme�3t. <br />{b} The Developer will cause the Minimum lmproverr�ents to be constructed, o�erated and <br />maintained in accordance with the terms o�this Agreement, the Development Plan and all lacal, sta#e and <br />federal laws and reg�iatians (including, but not limited to, environmental, zoning, building code and <br />public health laws and regulations). <br />(c) The Developer has received no notice or communication from any local, state or federa� <br />o�fcial that the aetivities of the Developer or the Ci#y in the Project Area may be or wil] be in violation of <br />any environmental lau� ar regu�ation (other than those notices or communications of which the City is <br />aware}. The Developer is aware of no facts the existence of which would cause it to be in �io}ation of or <br />give any person a valid claim under any �ocal, state or federa] environmental Iaw, regulat�on or review <br />procedure. <br />(cf) The De�eloper will canstruct the Minimum Impro�ements in accordance with alI local, <br />state ar #�ederal ene�gy-eo�servation laws or regulations. <br />(e) The Developer wi]I obtain, in a tir�ely manner, alI required permits, licenses and <br />approvals, and wil� meet, in a timely manner, all req�irements of all applicable local, state and federal <br />laws and regulatio�s which must be obtained or met before the Minimum Improvements may be lawful}y <br />con structed. <br />{� Neither the exec�tion and delivery of this Agreement, the consummation of t1�e <br />transactions contemplafed hereby, nar the fulfil�rr�e�t af or compliance with the terms and conditions of <br />this AgreemeE�t is prevented, limited by or co�flicts with or results ir� a breach of, the terms, canditions or <br />provisians oi any corporate restriction or any evidences of indebtedness, agreement or instrutnent of <br />whatever nat�re to whi�h the Developer is now a party or by whicl� it is bound, or constitutes a default <br />under any of the foregoing. <br />3�s99av�o s�B a,Rzflo-to <br />
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