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Attachment A pay all costs to discharge any encumbrances to the Redevelopment Property attributable to actions of Redeveloper, its employees, officers, agents or consultants, including without limitation the Architect, Contractar and Redeveloper's Engineer. Section 3.6. Environmental Conditions. (a) The Redeveloper acknowledges that the City makes no representations or warranties as to the condition of the soils on the Redevelopment Property or the fitness of the Redevelopment Property for construction of the Minimum Improvements or any other purpose for which the Redeveloper may make use of such property, and that the assistance provided to the Redeveloper under this Agreement neither implies any responsibility by the City or the City for any contamination of the Redevelopment Property nor imposes any obligation on such parties to participate in any cleanup of the Redevelopment Property. Provided, if any need for remediation arises on the Redevelopment Property, the City agrees to cooperate with Redeveloper in use of the Minnesota Pollution Control Agency (MPCA) Voluntary Investigation and Clean-up (VIC) or Petroleum Brownfields (PB) programs to accomplish the remediation, and further agrees to use its best efforts to obtain funding for the remediation from any available County, Metropolitan Council or State funds. Costs of the VIC and PB programs shall be Public Redevelopment Costs and shall be reimbursed one-half from Pooled Tax Increment not to exceed $50,000. (b) Without limiting its obligations under Section 8.3 of this Agreement, the Redeveloper further agrees that it will indemnify, defend, and hold harmless the City, and its governing body members, officers, and employees, from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants existing on or in the Redevelopment Property, unless and to the extent that such hazardous wastes or pollutants are present as a result of the actions or omissions of the indemnitees or were present on the Redevelopment Property prior to the Closing. Nothing in this section will be construed to limit or affect any limitations on liability of the City or City under State or federal law, including without limitation Minnesota Statutes Sections 466.04 and 604.02. Section 3.7. Reimbursement for Demolition. The City has agreed to reimburse the Redeveloper for the cost of demolishing the existing fire station on the Redevelopment Property, not to exceed $65,000, as a Public Redevelopment Cost payable from Pooled Tax Increment. The Redeveloper shall complete the demolition in accordance with applicable law and provide the City evidence of the demolition and invoices for the work. Within twenty (20) days after receipt of documentation reasonably acceptable to the City, the City shall pay the Redeveloper the cost of the demolition, not to exceed $65,000 from Pooled Tax Increment. Section 3.8. TIF Lookback. (a) Generally. The financial assistance to the Redeveloper under this Agreement is based on certain assumptions regarding likely costs and expenses associated with constructing the Minimum Improvements and proceeds to be derived by the Redeveloper from the sale of Units of the Minimum Improvements. Specifically, the amount of reimbursement of Public Redevelopment Costs has been determined based on the amount of assistance needed to provide the Redeveloper a developer's fee of 8% of the total development cost of the project (the "Development Fee"), as shown in the current pro forma attached as Schedule F. The City and the Redeveloper agree that those assumptions will be reviewed at the times described in this Section, and that the amount of tax increment assistance provided under Sections 3.2, 3.6 and 3.7 will be adjusted as follows: In the event the aggregate development sale proceeds would 9 7174856v3