5.1. SR 10-17-2005 - Laserfiche WebLink

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(h) There are no pending or threatened legal proceedings, of which the Developer has notice, contemplating the liquidation or dissolution of the Developer or threatening its existence, or seeking to restrain or enjoin the transactions contemplated by the Agreement, or questioning the authority of the Developer to execute and deliver this Agreement or the validity of this Agreement. (i) The Developer has not received any notice from any local, State or federal official that the activities of the Developer or the City with respect to the Development Property mayor will be in violation of any environmental law or regulation. The Developer is not aware of any State or federal claim filed or planned to be filed by any party relating to any violation of any local, State or federal environmental law, regulation or review procedure, and the Developer is not aware of any violation of any local, State or federal law, regulation or review procedure which would give any person a valid claim under any state or federal environmental statute. G) The Developer reasonably expects on the date of execution ofthis Agreement that it will be able to obtain financing commitments to finance construction of the Minimum Improvements which, together with financing provided by the City pursuant to this Agreement, will be sufficient to enable the Developer to successfully complete the Minimum Improvements in conformance with the Construction Plans. (k) The Developer will cooperate fully with the City in the resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Minimum Improvements. (1) The Developer expects that, barring Unavoidable Delays, the Minimum Improvements will begin and be substantially completed on the dates set forth on Exhibit HG to this Agreement. (m) The Developer agrees to provide the City with copies of all purchase agreements, cancelled checks, appraisals and any other information requested by the City relating to the acquisition of the Development Property. (n) The Developer represents that the estimated Market Values, Construction Costs, Acquisition Costs, projected Sales prices, Sales Proceeds, Development Costs and other information set forth in the attached Exhibits lB, bK and NM reflect the reasonable expectations of the Developer. (0) The Developer represents that it would not have been feasible to redevelop the Bluff Block Property and construct the Bluff Block Development if the Jackson Block Development had not been part of the same redevelopment project. (P) The Developer has made its own projections of Tax Increment to be generated from the Development and the Developer has not relied on any assumptions, calculations, determinations or conclusions made by the City, its governing body members, officers or agents, including the independent contractors, consultants and legal counsel, servants and employees thereof, with respect to the foregoing. I 824344vRED V2 to VI; 10/12/05 15