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<br />. <br /> <br />. <br /> <br />. <br /> <br />E. <br /> <br />Beacon would like to begin construction of its Improvement Project after <br />dvvIUvdl uf th", B"'dlOUIJ Avvli"'d[ions but UcfUl'" uutdill;llg Fllldl Plat <br />approval for combined Parcels I and 2. <br /> <br />F. The City has authorized Beacon to submit its application for plat approval <br />subsequent to the City's initial approval of the Beacon Applications. <br /> <br />3.0 Representations. Beacon makes the following representations: <br /> <br />A. It is a Minnesota corporation in good standing. <br /> <br />B. It has the right to execute, deliver, and perform its obligations under this <br />Agreement and it assures the City that the individuals who execute this <br />Agreement on behalf of Beacon are duly authorized to sign and bind <br />Beacon thereto. <br /> <br />C. It is not in default under any lease, contract, or agreement into which it is a <br />party or by which it is bound and which would affect its performance <br />under this Agreement. It is not party to or bound by any mortgage, lien, <br />lease, agreement, instrument, order, judgment, or decree which would <br />prohibit it from executing this Agreement or performing its obligations <br />under the terms of this Agreement. <br /> <br />D. <br /> <br />It has complied with and will continue to comply with all applicable <br />federal, state, and local statutes, laws, ordinances, and regulations <br />including, without limitation, any permits, licenses and applicable zoning, <br />envirorm1ental or other laws, affecting Parcel Nos. 1 and 2 and its <br />Improvement Project. <br /> <br />E. None of the representations made in any exhibit attached hereto contain <br />any untrue statement of material fact or omit any material fact, tbe <br />omission of which would be misleading. <br /> <br />F. It has sufficient funds or has obtained a commitment for financing in an <br />amount adequate to finance the Improvement Project. <br /> <br />4.0 Terms and Conditions. In reliance upon the representations contained herein and <br />in consideration of the mutual undertakings expressed herein, the parties agree as <br />follows: <br /> <br />A. <br /> <br />Plans and Specifications. The Plans and Specifications shall be modified <br />to incorporate the recommendations of the City Engineer, including, but <br />not limited to, the City Engineer's recommendations for the access to <br />Cleveland Avenue. The modified Plans and Specifications shall be <br />initialed, dated, incorporated as Exhibit A, and shall be referred to as the <br /> <br />2 <br />