A. It has legal authority to enter into, execute, and deliver this Agreement, the
<br />Declaration, and all documents referred to herein, and it has taken all actions necessary to
<br />its execution and delivery of such documents.
<br />B. It has legal authority to use the Program Grant for the purpose or purposes
<br />described in the State Program Enabling Legislation.
<br />C. It has legal authority to operate the State Program and the Real Property and, if
<br />applicable, Facility for the purposes required by the State Program and for the functions
<br />and activities proposed in the Grant Application.
<br />D. This Agreement, the Declaration, and all other documents referred to herein are
<br />the legal, valid and binding obligations of the Public Entity enforceable against the Public
<br />Entity in accordance with their respective terms.
<br />E. It will comply with all of the terms, conditions, provisions, covenants,
<br />requirements, and warranties in this Agreement, the Declaration, and all other documents
<br />referred to herein.
<br />F. It will comply with all of the provisions and requirements contained in and
<br />imposed by the G.O. Compliance Legislation, the Commissioner's Order, and the State
<br />Program.
<br />G. It has made no material false statement or misstatement of fact in connection
<br />with its receipt of the Program Grant, and all of the information it has submitted or will
<br />submit to DEED or Commissioner of MMB relating to the Program Grant or the
<br />disbursement of any of the Program Grant is and will be true and correct.
<br />H. It is not in violation of any provisions of its charter or of the laws of the State of
<br />Mimlesota, and there are no actions, suits, or proceedings pending, or to its la7owledge
<br />threatened, before any judicial body or governmental authority against or affecting it
<br />relating to the Real Property and, if applicable, Facility, or its ownership interest therein,
<br />and it is not in default with respect to any order, writ, injunction, decree, or demand of any
<br />court or any governmental authority which would impair its ability to enter into this
<br />Agreement, the Declaration, or any document referred to herein, or to perform any of the
<br />acts required of it in such documents.
<br />L Neither the execution and delivery of this Agreement, the Declaration, or any
<br />document referred to herein nor compliance with any of the terms, conditions,
<br />requirements, or provisions contained in any of such documents is prevented by, is a breach
<br />of, or will result in a breach of, any term, condition, or provision of any agreement or
<br />document to which it is now a party or by which it is bound.
<br />J. The contemplated use of the Real Property and, if applicable, Facility will not
<br />violate any applicable zolung or use statute, ordinance, building code, rule or regulation, or
<br />any covenant or agreement of record relating thereto.
<br />DEED Greater MN Business Development Public Infrastructure Program g Ver- 2/16/10
<br />Grant Agreement for Construction Grants (DEED GO GA- Cnstrctn Grnt)
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