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--� <br />ARTICLE II <br />REPRESENTATIONS AND WARRANTIES <br />Section 2.1. Renresentations and Warranties of the Citv. The City makes the <br />following representations and warranties: <br />(1) The City is a municipal corporation and has the power to enter into this <br />Agreement and carry out its obligations hereunder. <br />(2) The Tax Increment District is a"redevelopment district" within the meaning of <br />Minnesota. Statutes, Section 469.174, Subdivision 10, and was created, adopted and approved <br />in accordance with the terms of the Tax Increment Act. <br />(3) The development contemplated by this Agreement is in conformance with the <br />development objectives set forth in the Development Program. <br />(4) To finance certain costs within the Tax Increment District, the City proposes, <br />subj ect to the further provisions of this Agreement, to apply Tax Increments to reimburse the <br />Developer for the costs of the Site Improvements and the Development Property in .-� <br />connection with the Project as further provided in this Agreement. <br />(5) The Ciiy makes no representation or warranty, either express or implied, as to the <br />Development Property or its condition or the soil conditions thereon, or that the Development <br />Property shall be suitable for the Developer's purposes or needs. <br />Section 2.2. Renresentations and Warranties ofthe Develover. The Developer makes <br />the following representations and warranties: <br />(1) The Developer has power to enter into this Agreement and to perform its <br />obligations hereunder and is not in violation of the laws of the State. <br />(2) The Developer sha11 cause the Proj ect to be installed in accordance with the terms <br />of this Agreement, the Development Program, and all local, state and federal laws and <br />regulations (including, but not limited to, environmental, zoning, energy conservation, <br />building code and public health laws and regulations). <br />(3) The construction of the Project would not be undertaken by the Developer, and <br />in the opinion of the Developer would not be economically feasible within the reasonably <br />� <br />ioa�oao.3 4 <br />