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4 <br />the State, has power to enter into this Agreement and has duly authorized the execution, <br />delivery and performance of this Agreement by proper action of the corporation. <br /> <br /> (b) The Developer will construct the Required Improvements in accordance <br />with the terms of this Agreement and all local, state and federal laws and regulations <br />(including, but not limited to, environmental, zoning, building code and public health laws <br />and regulations). <br /> <br />(c) 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. 2024-0019 approving a minor subdivision for the Property in the City of <br />Gem Lake, resolution no. 2024-0020 approving a zoning compliance permit for the <br />property. <br /> <br /> (d) 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 /> (e) 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 /> <br /> (g) The Developer will obtain in a timely manner, all required permits, licenses <br />and approvals, and meet, in a timely manner, all requirements of all applicable local, state <br />and federal laws and regulations which must be obtained or met before the Improvements <br />may be lawfully constructed. <br /> <br /> (h) Neither the execution and delivery of this Agreement, the consummation of <br />the transactions contemplated hereby, nor the fulfillment of or compliance with the terms <br />and conditions of this Agreement is prevented or limited by, or in conflict with or will <br />result in a breach of the terms, conditions or provisions of any evidence of indebtedness, <br />agreement or instrument of whatever nature to which the Developer is now a party or by <br />which it is bound, or will constitute a default under any of the foregoing. <br /> <br /> (j) The Developer represents and warrants to the City that the Developer has <br />the financial capability to construct the Required Improvements. <br /> <br />ARTICLE III <br /> <br />Construction Of Improvements <br /> <br /> Section 3.1. Construction of Required Improvements. The Developer will construct the <br />Required Improvements on the Property (and, to the extent applicable, within any public right of <br />way) in accordance with the approved Construction Plans.