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16 <br />EL185\77\970529.v2 <br />related to action or inaction by the Developer, the Developer agrees to reimburse a similar amount to the <br />City within 30 days’ written notice by the City to the Developer. The City may add interest on the unpaid <br />balance at the rate authorized by Minnesota Statutes, section 549.09 beginning on the 31st day after notice <br />to the Developer. Failure by the Developer to reimburse the City pursuant to this Section shall constitute <br />a lien on the Development Property. <br />(b) The limitation on the allowable uses in the TIF District specified in subsection (1) above <br />is based solely on compliance with the requirements of the TIF Act for an economic development district. <br />In addition, the City’s zoning ordinance and other land use regulations restrict the uses permissible in the <br />TIF District and include other limitations on development. The Developer acknowledges and agrees to <br />comply with all such regulations. <br />(c) The City shall have the right to make a physical inspection of the Project in order to <br />ensure compliance with the terms of this Agreement and the requirements of the TIF Act with regard to <br />economic development districts. Such inspection shall be limited to regular business hours and upon at <br />least 24 hours’ notice by the City to the Developer. Absent probable cause regarding a violation of the <br />TIF Act regarding allowable uses for economic development districts, such inspections shall not occur <br />more than once within any 12-month period. <br />Section 3.12 Compliance with Environmental Requirements. <br />(h)The Developer shall comply with all applicable local, state, and federal environmental <br />laws and regulations, and will obtain, and maintain compliance under, any and all necessary <br />environmental permits, licenses, approvals or reviews. <br />(i)The City makes no warranties or representations regarding, nor does it indemnify the <br />Developer with respect to, the existence or nonexistence on or in the vicinity of the Development <br />Property or anywhere within the TIF District of any toxic or hazardous substances or wastes, pollutants or <br />contaminants (including, without limitation, asbestos, urea formaldehyde, the group of organic <br />compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude <br />oil and various constituents of such products, or any hazardous substance as defined in the <br />Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”), 42 <br />U.S.C. §§ 961-9657, as amended) (collectively, the “Hazardous Substances”). <br />(j)The Developer agrees to take all necessary action to remove or remediate any Hazardous <br />Substances located on the Development Property to the extent required by and in accordance with all <br />applicable local, state and federal environmental laws and regulations. <br />Page 245 of 327