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5.0. 6.0. 7.0. EDSR 07-12-1999
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5.0. 6.0. 7.0. EDSR 07-12-1999
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City Government
type
EDSR
date
7/12/1999
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FROM GRAY PLANT MOOTY MOOTY & BENNETT (#3) (FRI) 7. 9' 99 9:32/ST. 9:28/NO, 4261218754 P 10 <br /> "Tax Official"means any City or County assessor, County auditor, City, County or State <br /> board of equalization, the commissioner of revenue of the State, or any State or federal district <br /> court,the tax court of the State,or the State Supreme Court. <br /> "Term" means the period beginning on the date of this Agreement and ending on the <br /> termination date described in Article XI of this Agreement. <br /> "Unavoidable Delays"means delays which are the result of acts of God, adverse weather <br /> conditions, strikes, other labor troubles, delays in obtaining construction materials, machinery <br /> and/or equipment, fire or other casualty to the Minimum Improvements, litigation commenced <br /> by third parties which, by injunction or other similar judicial action, results in delays, or acts of <br /> any federal, state or local governmental unit (other than the Authority in enforcing its rights <br /> under this Agreement) which result in delays. Delays in obtaining financing and delays caused <br /> by general market conditions shall not constitute Unavoidable Delays. Upon the occurrence of <br /> an Unavoidable Delay,the party seeking to be excused as a result thereof shall be excused for the <br /> period of the delay if such party gives the other party written notice of the cause of the delay or <br /> interruption within thirty (30)days after its occurrence. <br /> ARTICLE II. <br /> Representations <br /> Section 2.1 Represent ations by the Authority. The Authority makes the following <br /> • representations as the basis for the undertaking on its part herein contained: <br /> (a) The Authority is au economic development authority organized and existing <br /> under the laws of Minnesota. Under the laws of the State, the Authority has thc power to enter <br /> into this Agreement and to perform its obligations hereunder. <br /> (b) The Project is a"Development District"and was created,adopted and approved in <br /> accordance with the laws of the State. <br /> (c) The Redevelopment Property is in a redevelopment "tax increment financing <br /> district",which was created, adopted, certified and approved pursuant to the Tax Increment Act. <br /> (d) The Authority will, at no cost to the Authority, cooperate with the Redeveloper <br /> with respect to any litigation commenced with respect to the Development Program, Project, or <br /> Initial Improvements. <br /> (e) The Authority has received no notice or communication from any local, state or <br /> federal official that the activities of the Redeveloper or the Authority in the Project Area may be <br /> or will be in violation of any environmental law or regulation or any other local, state or federal <br /> laws or regulations. The Authority is aware of no facts the existence of which would cause it to <br /> be in violation of any local, state or federal environmental law,regulation or review procedure. <br /> • <br /> -6- <br />
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