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3 <br /> <br />ARTICLE II <br /> <br />Representations And Warranties <br /> <br /> Section 2.1. Representations and Warranties by the City. The City represents and <br />warrants that: <br /> (a) The City is a public body politic and corporate under the laws of the State <br />of Minnesota, has the power to enter into this Agreement and to carry out its obligations <br />hereunder. <br /> <br /> Section 2.2. Representations and Warranties by the Developer. The Developer <br />represents and warrants that: <br /> <br /> (a) The Developer is a limited liability company duly organized and <br /> authorized to transact business in the State, is not in violation of any provisions of its <br /> corporation or the laws of the State, has power to enter into this Agreement and has duly <br /> authorized the execution, delivery and performance of this Agreement by proper action of <br /> the corporation. <br /> <br /> (b) The Developer will construct the Improvements upon the Property in <br />accordance with the terms of this Agreement and all local, state and federal laws and <br />regulations (including, but not limited to, environmental, zoning, building code and public <br />health laws and regulations). <br /> <br /> (c) It is the intent and understanding of the parties that upon completion of the <br />Improvements, including 34,000 square foot building, upon the Property, that the <br />Developer will use the properties for the sale and service of new and used vehicles <br />including automobiles and support utility vehicles. <br /> <br /> (d) It is the intent and understanding of the parties that the redevelopment of <br />the property will occur pursuant to the terms and conditions of the City of Gem Lake <br />resolution no. ____________________ approving a minor subdivision for the Property in <br />the City of Gem Lake, resolution no. ______________________ approving a zoning <br />compliance permit for the property. <br /> <br /> (e) The Developer has received no notice or communication from any local, <br />state or federal official that the proposed activities of the Developer may be or will be in <br />violation of any environmental law or regulation. The Developer is aware of no violation <br />of any local, state or federal environmental law, regulation or review procedure, or of any <br />facts which would give any person a valid claim under the Minnesota Environmental <br />Rights Act. <br /> <br /> (f) The Developer will use its best efforts to construct the Improvements in <br />accordance with all local, state or federal energy conservation laws or regulations. <br />