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<br />0" ARTICLE II <br /> <br />~ REPRESENTATIONS AND WARRANTIES - <br /> <br />section 2.1. Representations and Warranties of the city. <br />The City makes the following representations and warranties: <br /> <br />(1) The City is a municipal corporation and has the power <br />to enter into this Agreement and carry out its obligations <br />hereunder. <br /> <br />(2) Based on the covenants of the Developer set forth in <br />Section 3.4, the Ta~ Increment District is a "housing district" <br />within the meaning of Minnesota Statutes, Section 469.174, <br />Subdivision 11, and was created, adopted and approved in <br />accordance with the terms of the Tax Increment Act. <br /> <br />(3) The development contemplated by this Agreement is in <br />conformance with the development objectives set forth in the <br />Development Program. <br /> <br />(4) To finance certain costs within the Tax Increment <br />District, the City proposes, subject to the further provisions of <br />this Agreement, to apply Tax Increments to reimburse the <br />Developer for the costs of the Development Property and certain <br />Site Improvements incurred in connection with the Project as <br />~ further provided in this Agreement. <br /> <br />(5) The city makes no representation or warranty, either <br />express or implied, as to the Development Property or its <br />condition or the soil conditions thereon, or that the Development <br />Property shall be suitable for the Developer'S purposes or needs. <br /> <br />Section 2.2. Representations and Warranties of the <br />Developer. The Developer makes the following representations and <br />warranties: <br /> <br />(1) The Developer has power to enter into this Agreement <br />and to perform its obligations hereunder and is not in violation <br />of the laws of the state. <br /> <br />(2) The Developer will cause the Project to be installed in <br />accordance with the terms of this Agreement, the Development <br />Program, and all local, state and federal laws and regulations <br />(including, but not limited to, environmental, zoning, energy <br />conservation, building code and public health laws and <br />regulations). <br /> <br /> <br /> <br /> <br />- <br />- .. 18499 <br />5 <br />