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ARTICLE II Re resentations and Warranties Section 2.1 Relresentattons by the Ci . itsThe hereiCity n es the following representations as the basis for the undertaking P (a) The City is a statutory city of the State with all. the powers of a statutory city of the second class duly organized and existing hunder the laws into his of the State. Under the provisionsits obligations hereunder. power Agreement and ry out (b) The Development District was created, adopted and approved by the City in accordance with the terms of the Act. (c) The Tax Increment District was mrit Aar , adopted, certified, and approved by the City pursuant to the Tax Incree (d) The City will to use its best efforts to construct the Public . Improvements in accordance with Section 4.5 of this Agreement. (e) To finance the costs of the activities Cibt dother Ciertaken by funds and y the City, the City will use the proceeds of Bonds issued by the Y ormeat will pledge tax increment generated $o hertfDistrict to the pay of the principal of and interest on the Bonds or such Section 2.2. Representations d Warranties b the RedeveloQec. The an Redeveloper represents and warrants that: (a) The Redeveloper will use its best efforts with nthe eterms operate of this maintain the Minimum Improvements in accordance not Agreement and all local, state and federal �wcode aand regulations d la uiblic (ihealtth lawsncludingo and limited to, environmental, zoning, building P regulations), except for variances necessary by construct the improvements contemplated in the Preliminary Plans approvedy the City. (b) The Minimum Improvements, will be an allowed use under the zoning ordinance of the City. time or times as will be required by law, the Redeveloper (c) At such will have complied with all applicable local, state and federal environmental laws necessaryd all and regulations, and will have obtained any an m liance with he requirements reviews, licenses or clearances under (and is in comp of) the National Environmental Policy Act of 196 of the date Minnesota Environmental of this Policy Act, and the Critical Areas Act of 1973. As Agreement, the Redeveloper has received oofethe Redevelopertontie or c� ther City in local, state or federal official that the activities the Development District may be or will be in violation reementy the Redeveloper or regulation. As of the date of execution ofthis Ag of aware of no facts the existence of which would caor it to be in procedureviolation which local, state or federal environmental law, regulation would give any person a valid claim under the Minnesota Environmental Rights Act. 5