FULL AGENDA PACKET_2021-04-20 - Laserfiche WebLink

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EXHIBIT 3 accounting principles or in accordance with such other principles or methods as are reasonably acceptable to City- 9.6 Governmental Renuirements. To the best of Developer's knowledge, Developer is in compliance with all laws relating to the Property and all Governmental Authority approvals, including Zoning, land use, planning requirements, a nd requirements :n-ising From or relating to the adoption or amendment of, any applicable general plan, subdivision and parcel map requirenien; environmental requirements, including the requirements of the California Environmental Quality Act and the National Environmental Policy Act and the preparation and approval of all required environmental impact statements and reports; use, occupancy and building permit requirements; and public utilities requirements. 9.7 Rights of Others. Developer is in compliancewith all covenants, conditions, restrictions, easements, rights of way and oilier rights of third parties relating to the Property- 9.b Litigation. There are no material actions or proceedings pending or, to the best of the Developer's knowledge, threatened against or affecting Developer or any property of Developer before any ( lovernmental Authority, except as disclosed to City in writing prior to the execution ofthis Agreetnent- 9.9 Rankrupfey. .I'o the best of Developer's knowledge, no attachments, execution proceedings, assignments for the benelil ol'c editors, insolvency, bankruptcy, reorganization or other proceedings are pending or threatened against Developer, nor are any of such proceedings contemplated by Developer. 9.10 Information Ace urate. To the best of Developer's knowledge, all information, regardless of its form, conveyed by Developer to City, by whatever means, is accurate, eo,-reu and Sufficiently complete to give City u-ua and accurate knowledge of its Subject matter, and does not contain any material misrepresentation or omission. 9.11 Conflicts of Interest. No member, official or cmployce ofthc City steal I have any personal interest, direct or indirect, in this Agreement, nor shall any such member, ollicial or employee participale in any decision relating to this Agreement which affects his/her personal interests Or the interests ofanycorporation, partnership or association in which he/she has a direct or indirect financial interest. The Developer m arrants that it neither has paid nor given, nor will pay or give, any third parry any money or other consideration for obtaining this Agreement- 9.12 Non -liability of City Officials and Employees. No mcmba, official or cmployce of the City shall be personally liable to the Dcvcloper in the event of any detault or breach by the City or for any amount which may become (file to Developer or on any obligations under the terms of this Agreement- 9.13 No Assignment. Developer expressly acknowledges and agrees that dic City has only agreed to assist the Developer as a metuis by which to induce the acquisitioil /rehabilitatit» t/development of the Property- Accordim4ly, Developer further City Council 16 21 — 20 4/20/2021