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<br /> 'e ARTICLE II <br /> REPRESENTATIONS AND WARRANTIES. <br /> Section 2.1. Representations and Warranties of the City. <br /> The City makes the following representations and warranties: <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 /> (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 /> (3) The development contemplated by this Agreement is in <br /> conformance with the development objectives set forth in the <br /> Development Program. <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 /> The city makes no representation or warranty, either <br /> (5) <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 /> Section 2.2. Representations and Warranties of the <br /> Developer. The Developer makes the following representations and <br /> warranties: <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 /> (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 /> '. 18499 <br /> 5 <br />