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<br />22 <br />The Crossroads at Washington <br />City HOME Loan Agreement <br />accepted accounting principles or in accordance with such other principles or methods as <br />are reasonably acceptable to City. <br />9.6. Governmental Requirements. To the best of Developer’s knowledge, <br />Developer is in compliance with all laws relating to the Property and all Governmental <br />Authority approvals, including zoning, land use, planning requirements, and requirements <br />arising from or relating to the adoption or amendment of, any applicable general plan, <br />subdivision and parcel map requirement; environmental requirements, including the <br />requirements of the California Environmental Quality Act and the National Environmental <br />Policy Act and the preparation and approval of all required environmental impact <br />statements and reports; use, occupancy and building permit requirements; and public <br />utilities requirements. <br />9.7. Rights of Others. Developer is in compliance with all covenants, <br />conditions, restrictions, easements, rights of way and other rights of third parties relating <br />to the Property. <br />9.8. Litigation. There are no material actions or proceedings pending or, to the <br />best of the Developer’s knowledge, threatened against or affecting Developer or any <br />property of Developer before any Governmental Authority, except as disclosed to City in <br />writing prior to the execution of this Agreement. <br />9.9. Bankruptcy. To the best of Developer’s knowledge, no attachments, <br />execution proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, <br />reorganization or other proceedings are pending or threatened against Developer, nor are <br />any of such proceedings contemplated by Developer. <br />9.10. Information Accurate. To the best of Developer’s knowledge, all <br />information, regardless of its form, conveyed by Developer to City, by whatever means, is <br />accurate, correct and sufficiently complete to give City true and accurate knowledge of its <br />subject matter, and does not contain any material misrepresentation or omission. <br />9.11. Conflicts of Interest. No member, official or employee of the City shall <br />have any personal interest, direct or indirect, in this Agreement, nor shall any such member, <br />official or employee participate in any decision relating to this Agreement which affects <br />his/her personal interests or the interests of any corporation, partnership or association in <br />which he/she has a direct or indirect financial interest. The Developer warrants that it <br />neither has paid nor given, nor will pay or give, any third party any money or other <br />consideration for obtaining this Agreement. <br />9.12. Nonliability of City Officials and Employees. No member, official or <br />employee of the City shall be personally liable to the Developer in the event of any default <br />or breach by the City or for any amount that may become due to Developer or on any <br />obligations under the terms of this Agreement. <br />9.13. Transfers. Developer expressly acknowledges and agrees that the City has <br />only agreed to assist the Developer as a means by which to induce the <br />acquisition/construction/development of the Property. During the Term of Agreement, <br />EXHIBIT 5