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<br />.----- <br /> <br />E. <br /> <br />Beacon would like to begin construction of its Improvement Project after <br />al'l'lUval of lhe~eaCOJT1qJp]jcations1ml b~fule oul,,;u;ngfinat-Plm------- <br />approval for combined Parcels 1 and 2. <br /> <br />---- <br /> <br />------ <br /> <br />F. The City has authorized Beacon to submit its application for plat approval <br />subsequent to the City's initial approval ofthe 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. lt has the right to execute, deliver, and perfonn 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. <br /> <br />It is not in default under any lease, contract, OT agreement into which it is a <br />party or by which it is bound and which would affect its perfonnance <br />under this Agreement. It is not party to or bonnd 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 />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 pennits, licenses and applicable zoning, <br />environmental or other laws, affecting Parcel Nos. I and 2 and its <br />Improvement Project. <br /> <br />t <br /> <br />. <br /> <br />D. <br /> <br />E. None ofthe representations made in any exhibit attached hereto contain <br />any untrue statement of material fact or omit any material fact, the <br />omission of which would be misleading. <br /> <br />F. lt 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 fOT 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 />. <br /> <br />. <br /> <br />2 <br />