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ARTICLE II Representations and Warranties Section 2.1 Representations by the City. The City makes the following representations as the basis for the undertaking on its part herein contained: (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 under the laws of the State. Under the provisions of the Act, the City has the power to enter into this Agreement and carry out its obligations hereunder. (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 created, adopted, certified, and approved by the City pursuant to the Tax Increment Act. (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 to be undertaken by the City, the City will use the proceeds of Bonds issued by the City or other City funds and will pledge tax increment generated by the Development District to the payment of the principal of and interest on the Bonds or such other funds. Section 2.2. Representations and Warranties by the Redeveloper. The Redeveloper represents and warrants that: (a) The Redeveloper will use its best efforts to construct, operate and maintain the Minimum Improvements in accordance with the terms of this Agreement and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code and public health laws and regulations), except for variances necessary to construct the improvements contemplated in the Preliminary Plans approved by the City. (b) The Minimum Improvements, will be an allowed use under the zoning ordinance of the City. (c) At such time or times as will be required by law, the Redeveloper will have complied with all applicable local, state and federal environmental laws and regulations, and will have obtained any and all necessary environmental reviews, licenses or clearances under (and is in compliance with the regLirements of) the National Environmental Policy Act of 1969, the Minnesota Environmental Policy hut, and the Critical Areas Act of 1973. As of the date of execution of this Agreement, the Redeveloper has received no notice or communication from any local, state or federal official that the activities of the Redeveloper or the City in the Development District may be or will be in violation of any environmental law or regulation. As of the date of execution of this Agreement, the Redeveloper is aware of no facts the existence of which would cause it to be in violation of any local, state or federal environmental law, regulation or review procedure or which would give any person a valid claim under the Minnesota Environmental Rights Act. 5