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2004_0315_Packet
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2004_0315_Packet
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NOW, THEREFORE, in consideration of the premises and the mutual obligations of the <br />parties hereto, each of them does hereby covenant and agree with the other as follows: <br />1. Representations b� Redeveloper. Redeveloper represents and warrants that: <br />�a� Redeveloperis a corporation organized and in good standing underthe laws of <br />the State of Minnesota, is not in violation of any provisions of its articles of incorporation and <br />bylaws or the laws of said State, has power to enter into this Agreement and has duly authorized the <br />execution, delivery and performance of this Agreement by proper action of the board of directors. <br />�b� TherearenopendingorthreatenedlegalproceedingsofwhichRedeveloperis <br />aware which, if successful, would threaten the economic viability of Redeveloper or the validity or <br />enforceability of this Agreement or which would restrain or enj oin the transactions contemplated by <br />this Agreement. <br />(�� Neither the execution and delivery of this Agreement, the consummation of <br />the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and <br />conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the <br />terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, <br />agreement or instrument of whatever nature to which Redeveloper is now a party or by which it is <br />bound, or constitutes a default under any of the foregoing. <br />2. Representations bv the Citv. The City represents and warrants that: <br />�a� The City is a public body corporate and politic with all the powers of a city <br />and a port authority duly organized and existing under the laws of the State of Minnesota. The City <br />has the power to enter into this Agreement and carry out its obligations hereunder and has duly <br />authorized the execution, delivery and performance of this Agreement by action of its City Council. <br />�b� The City shall use reasonable efforts to obtain all federal, state, and regional <br />land use, environmental or other regulatory approvals necessaryto implement the redevelopmentof <br />the Redevelopment Area. <br />(�� There are no pending or threatened legal proceedings of which the City is <br />aware which, if successful, would threaten the economic viability of the City or the validity or <br />enforceability of this Agreement or which would restrain or enj oin the transactions contemplated by <br />this Agreement. <br />3. Preliminary Nature of A�reement. <br />�a� The City and Redeveloper agree that this Agreement is intended to be <br />preliminary in nature. Before the City and Redeveloper can make a decision on whether to proceed <br />with the Redevelopment, it will be necessary to assemble and consider information relative to the <br />economics, site assembly, phasing, environmental remediation and other aspects of the <br />� <br />
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