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2007-06-13 CC
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2007-06-13 CC
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<br />(h) The City has no knowledge of any facts the existence of which would cause it or <br />the Development Property to be in violation of any local, state or federal law, regulation or <br />review procedme, including but not limited to environmental laws, or which would give any <br />person a valid claim under any such law, regulation or review procedme. <br /> <br />(i) Except for facts disclosed in any environmental assessment or report prepared on <br />behalf of the City or the Developer, the City has no knowledge of the presence of hazardous <br />substances (as the same are described in the regulations promulgated under the Comprehensive <br />Environmental Response, Compensation and Liability Act of 1980, as amended, and/or in the <br />environmental laws of the State of Minnesota, and specifically including petroleum and related <br />hydrocarbons and their by-products, asbestos and polychlorinated biphenyls) in, on or under the <br />Development Property. <br /> <br />G) The City will promptly share with Developer any information which comes to the <br />attention of the City which relates to hazardous substances on the Development Property, and <br />will promptly provide copies to Developer of any reports, correspondence and other <br />documentation relating to the same. <br /> <br />(k) There is no litigation, condemnation or proceeding of any kind pending or to the <br />City's knowledge threatened, against any portion of the Development Property. <br /> <br />Q) The City has no knowledge of any new or additional fees, charges or expenses not <br />currently part of the City fee structure for similar developments that the Developer will be <br />required to pay in order to construct the Minimum Improvements and Public Improvements. A <br />copy of the City's current fees is attached as Schedule G. (Is this aeeeptable?) <br /> <br />(m) The City represents and warrants that there will be no certified, pending or levied <br />special assessments upon the Development Property arising from the Public Improvements or the <br />development of Minimum Improvements on the Development Property, except as the City and <br />Developer may agree as a method of financing the Public Development Costs. (Is this <br />aeeeptable?) <br /> <br />Section 2.2. ReDresentations of the Develoner. The Developer makes the following <br />representations: <br /> <br />(a) The Developer is a limited liability company duly organized and authorized to <br />transact business in the State, is not in violation of any provisions of its articles of organization, <br />member con1ro1 agreement, bylaws or the laws of the State, has power to enter into this <br />Agreement and has duly authorized the execution, delivery and performance of this Agreement <br />by proper action of its members. <br /> <br />(b) If the Developer acquires the Development Property or any Parcel thereof <br />pursuant to the terms of this Agreement, the Developer will construct the Phase or Sub-Phase <br />thereon in accordance with the terms of this Agreement, the Development Plan and all local, <br />state and federal laws and regulations (including, but not limited to, environmental, zoning, <br />building code and public health laws and regulations), subject to variances necessary to construct <br />the improvements contemplated in the Construction Plans approved by the City. <br /> <br />8 <br />
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