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2019.04.03 EDC Packet
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2019.04.03 EDC Packet
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10 <br />§103I.005, subd. 21, on the Redevelopment Property then any such wells shall be <br />abandoned in accordance with Minnesota Statutes and the parties shall evenly share <br />in the cost. <br /> <br /> ii. There are no individual sewage treatment systems (“systems”), as defined <br />in Minn. Stat. § 115.55, Subd. 1, on the Redevelopment Property. This <br />representation is intended to satisfy the requirements of Minn. Stat. § 115.55, <br />Subd. 6 <br /> <br />(m) The City has no knowledge as to the presence of hazardous substances (as the <br />same are described in the regulations promulgated under the Comprehensive Environmental <br />Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments <br />and Reauthorization Act of 1986, an/or in the environmental laws of the State of Minnesota, and <br />specifically including petroleum and related hydrocarbons and their byproducts, asbestos, and <br />polychlorinated biphenyls) in, on or under the Redevelopment Property, except as may be <br />expressly set forth in the reports that have been delivered by the City or its agents and consultants <br />to the Redeveloper pursuant to Section 2.1 (n). <br /> <br />(n) Within five (5) business days after the execution of this Agreement, the City shall <br />deliver, or shall cause its agents or consultants to deliver, to Redeveloper all inform ation <br />available to the City, and allowed to be provided to the Redeveloper pursuant to Minn. Stat. <br />§13.01 et seq., regarding the ownership and potential development of the Redevelopment <br />Property, including, but not limited to, correspondence from the City or County, flood zones, <br />deed restrictions, utility commitments, engineering plans, studies, soils reports, engineering <br />reports, construction plans, subdivision plans and/or environmental reports, and a copy of the <br />City’s most recent survey of the Redevelopment Property. <br /> <br />(o) The City is not aware of any methamphetamine production occurring on the <br />Redevelopment Property. This representation is intended to satisfy the requirements of Minn. <br />Stat. § 152.0275, Subd. 2(m). <br /> <br /> Section 2.2. Representations and Warranties by the Redeveloper. The Redeveloper <br />represents and warrants that: <br /> <br /> (a) The Redeveloper is a limited liability company organized and in good standing <br />under the laws of the State of Minnesota. <br /> <br /> (b) The Redeveloper has duly authorized the execution of this Agreement and the <br />performance of its obligations hereunder, and neither the execution and delivery of this <br />Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or <br />compliance with the terms and conditions of this Agreement, is prevented, limited by or conflicts <br />with or results in a breach of, any indebtedness, agreement or instrument of whatever nature to <br />which the Redeveloper is now a party or by which it is bound, or constitutes a default under any <br />of the foregoing. <br />
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