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9 <br /> (a) The City is a municipal corporation duly organized and existing under the laws of <br />the State. Under the provisions of the Act, the City has the power to enter into this Agreement <br />and carry out its obligations hereunder. <br /> <br /> (b) The City has created, adopted and approved the Development District in <br />accordance with the terms of the Act. <br /> <br />(c) The City has approved the Tax Increment District pursuant to the Tax Increment <br />Act. <br /> <br /> (d) To the best of the City’s knowledge, information and belief, the City’s execution <br />of this Agreement and consummation of the transaction contemplated hereby does not and will <br />not (i) result in a breach of or default under any indenture, agreement, instrument or obligation to <br />which the City is a party and which affects all or any portion of the Redevelopment Property, or <br />(ii) violate any applicable law. <br /> <br /> (e) The City is the holder of fee simple and record title to the Redevelopment <br />Property, free and clear of all liens, claims, encumbrances and restrictions except those which are <br />recorded against the Redevelopment Property. <br /> <br /> (f) The City, subject to Unavoidable Delays, will convey the Redevelopment <br />Property to the Redeveloper pursuant to Article IV for the Redeveloper’s use in accordance with <br />the Plan and this Agreement. <br /> <br /> (g) The City will reasonably cooperate with the Redeveloper with respect to any <br />litigation commenced by third parties in connection with this Agreement. <br /> <br /> (i) There is not pending, nor to the best of the City’s knowledge after due inquiry is <br />there threatened, any suit, action or proceeding against the City before any court, arbitrator, <br />administrative agency or other governmental authority that materially and adversely affects the <br />validity of any of the transactions contemplated hereby, the ability of the City to perform its <br />obligations hereunder, or the validity or enforceability of this Agreement. <br /> <br /> (j) There are no parties other than the City in possession of any portion of the <br />Redevelopment Property, nor are there any leases (oral or written) applicable to or affecting the <br />Redevelopment Property. <br /> <br /> (k) No third party has an option to purchase, right of first refusal, right of first offer or <br />other similar right with respect to all or a portion of the Redevelopment Property and the City has <br />not entered into any other contracts for the sale of all or any portion of the Redevelopment <br />Property with any third party. <br /> <br /> (l) To the best of the City’s knowledge, information and belief: <br /> <br /> i. There are no wells on the Redevelopment Property. In the event it is <br />determined, prior to Closing, there are wells, as defined in Minn. Stat.