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Attachment A ARTICLE II Representations and Warranties Section 2. L Re�resentations b,y the City. (a) The City is a statutary city duly organized and existing under the ]aws of the State. Under the provisions of the TIF Act and the Development Act, the City has the power to enter into this Agreement and carry out its obligations hereunder. (b) The City will use its best efforts to facilitate development of the Minimum Improvements, including but not limited to cooperating with the Redeveloper in obtaining necessary administrative and land use approvals and construction financing pursuant to Section 7.1 hereof. (c) The City will finance the Public Redevelopment Costs, subject to all the terms and conditions of this Agreement. (d) The activities of the City are undertalcen for the purpose of fostering the redevelopment of certain real property that is occupied by substandard and obsolete buildings, which will revitalize this portion of the Development District, increase tax base, and increase housing opportunities. (e) The City has received no written notice or other written communication from any local, state or federa] official that any prior actions ar existing situations on the Redevelopment Property are in violation of any environmental law or regulation. The City has caused a phase one study of the Redevelopment Property to be prepared and has provided such study to the Redeveloper. Section 2.2. Re�resentations and Warranties by the Redeveloper. The Redeveloper represents and warrants that: (a) The Redeveloper is a limited liability company, duly incorporated and in good standing under the laws of the State of Minnesota, is not in violation of any provisions of its articles of organization or operating agreement, is duly qualified as a limited liability company and authorized to transact business within 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 its members. (b) If the Redeveloper acquires the Redevelopment Property in accordance with this Agreement, the Redeveloper will construct, operate and maintain the Minimum Improvements in accordance with the terms of this Agreement, the Development Program and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code, energy-conservation and public health laws and regulations). (c) The Redeveloper will use reasonable efforts to secure all permits, licenses and approvals necessary for construction of the Minimum Improvements. 5 7174856v3