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ARTICLE 11 . Representations And Warranties Section 2.1. Re resentations and Warranties by the Ci The City represents and warrants that: (a) The City is a public body politic and corporate under the laws.of the Mate of Minnesota, has the power to enter into this Agreement and to carry out its obligations hereunder. Section 2.2. Representations and Warranties -by the Develo er. The Developer represents and warrants that: (a) The Developer is a limited liability company duly organized. and authorized to transact business in the State, is not in violation of any provisions of its corporation or the laws of the State, has power to enter into this Agreement. and has duly authorized the execution,. delivery and performance of this Agreement by proper action of the corporation. (b) The Developer will construct the .Improvements upon the Property in accordance. with the terms of this Agreement and all local; state and federal laWg and regulations (including, but not limited to, environmental; zoning; building code and public health laws and. regulations). (c) It is the intent and understanding of the parties that uponcompletion of the Improvements, consisting of single family homes upon the Property, that the Developer will market the homes to. individuals intending to use the Property as their primary residence as opposed to a rental property. (ii). It is the intent and understanding of the parties that t ie`Villa Plans. (Plan names. Vienna; Vennetian and Victoria) are approved%to be constructed upon the property., Homes will have a current .fair market value in excess of. $400,000, All. homes are to be constructed by Hanson Builders. Building official will not need any further approvals from Gem Lake's staff or Council. Monochromatic exterior color scheme will be used for the entire neighborhood. 'The: construction hours are as follows: Monday -Friday 7:00 A.M,- 7:00 P.M. and Saturday 7:00 A.M.-4:00 P.M: No `construction is allowed or. Sundays or Holidays. (e) The Developer has received no notice or communication from any local, state.or federal official that the proposed: activities of the Developer may be or will be in violation of any environmental law or regulation. The Developer is aware of no violation of any local, state or federal environmental law, regulation or review procedure, or of any facts which would give any person a valid claim under the Minnesota Environmental Rights Act. 3