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DEVELOPMENT PLANS and:the DEVELOPER IMPROVEMENTS, and OWNER is not aware of any pending or threatened.claim of any such violation. D. NO LITIGATION. There is no suit,. action, arbitration, or legal, administrative, or. other proceeding, or govemmental investigation pending or threatened against.or affecting OWNER or the CUP. OWNER is .not in default with respect to any order, writ, injunction or decree of any federal, state, local, or foreign court, department, agency .or instrumentality with :respect to the CUP. E. FULL. DISCLOSURE. None of the representatives and warranties made by OWNER or made in any exhibit hereto or memorandum or Writing furnished or to be furnished by OWNER or on its behalf contains or will contain any untrue statement of material fact Or omit. any material fact the omission of which. would be misleading. F. FEE TITLE. OWNER owns fee title to all the land in the CUP;. 1.21 CITY WARRANTIES. "CITY WARRANTIES" means. that the: CITY hereby warrants and represents as.follows.: A. ORGANIZATION. CITY is a municipal corporation duly incorporated and .validly existing in good standing the laws of the: State of Minnesota. B. AUTHORITY. CITY has the right; power, Iegal capacity; and authority to enter into and perform its. obligations under this .DEVELOPMENT CONTRACT and approve the CUP. 1.22 PROPERTY. PROPERTY means the property comprising the real property. located in. Gem Lake; Ramsey`.County, Minnesota and legally described on Exhibit DL L23 FORMAL NOTICE. "FORMAL NOTICE' means: notices given.by one. party to. the other if in writing and if and when delivered or tendered either in person or by depositing it in the United States mail in a sealed envelope,: by certified mail, return receipt requested, with postage and postal charges prepaid, addressed as follows: If to CITY: If to OWNER; C, David Luther, or DEVELOPER The Luther Company LLLC 3701 Alabama Avenue. St, Louis Park,.MN 55416 With a.copyto: