7.5. SR 07-15-2013 - Laserfiche WebLink

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(b) The Business Subsidy Program was created, adopted and approved in accordance with the terms of the Business Subsidy Act and the County's Business Subsidy Policy and Criteria. (c) The County Tax Abatement is consistent with the criteria established for awarding subsidies by the County. Section 2.3. Representations and Warranties by the Developer. The Developer represents and warrants that: (a) The Developer is a limited liability company duly organized and operating under the laws of the State of Minnesota, has the power to enter into this Agreement, and has duly authorized the execution, delivery, and performance of this Agreement by proper action of its Board of Directors. (b) The Developer will acquire the Property in accordance with the terms of the Purchase Agreement and cause the Project to be constructed, operated and maintained 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 including the America with Disabilities Act). (c) The acquisition of the Property and construction of the Project would not be undertaken by the Developer, and in the opinion of the Developer would not be economically feasible within the reasonably foreseeable future, without the assistance and benefit to the Developer provided for in this Agreement. (d) The Developer will obtain, in a timely manner, all required permits, licenses and approvals and to meet, in a timely manner, all requirements of all applicable local, state and federal laws and regulations which must be obtained or met before the Project may be lawfully constructed. (e) The Developer will cooperate with the City with respect to any litigation commenced with respect to the Property or the Project. (fl Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with, or results in a breach of, the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound or constitutes a default under any of the foregoing. (g) Whenever any Event of Default occurs and if the City shall employ attorneys and engineers or incur other expenses for the collection of payments due or to become due or for the enforcement of performance or observance of any obligation or 171419v1 5