|
7.6 Governmental Requirements. Except for the Project permitting contemplated
<br />to be subsequently obtained under this Agreement, to best of its knowledge, Grantee is in
<br />compliance with all laws relating to the Property and all Governmental Authority approvals,
<br />including zoning, land use, planning requirements, and requirements arising from or relating to
<br />the adoption or amendment of, any applicable general plan, subdivision and parcel map
<br />requirement; environmental requirements, including the requirements of the California
<br />Environmental Quality Act and the National Environmental Policy Act, and the preparation and
<br />approval of all required environmental impact statements and reports; use, occupancy and
<br />building permit requirements; and public utilities requirements.
<br />7.7 Professional Licenses. Grantee shall, throughout the term of this Agreement,
<br />maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the
<br />performance of the obligations under this Agreement and required by the laws and regulations
<br />of the United States, the State of California, the City of Santa Ana, and all other governmental
<br />agencies. Grantee shall notify the City immediately and in writing of its inability to obtain such
<br />permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for
<br />termination of this Agreement.
<br />7.8 Rights of Others. Grantee is in compliance with all covenants, conditions,
<br />restrictions, easements, rights of way and other rights of third parties relating to the Property as
<br />may be shown on title for the Property
<br />7.9 Litigation. There are no material actions or proceedings pending or, to the best
<br />of the Grantee's knowledge, threatened against or affecting Grantee or any property of Grantee
<br />before any Governmental Authority, except as disclosed to City in writing prior to the execution
<br />of this Agreement.
<br />7.10 Bankruptcy. To the best of Grantee's knowledge, no attachments, execution
<br />proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or
<br />other proceedings are pending or threatened against Grantee, nor are any of such proceedings
<br />contemplated by Grantee.
<br />7.11 Information Accurate. To the best of Grantee's knowledge, all information,
<br />regardless of its form, conveyed by Grantee to City, by whatever means, is accurate, and correct
<br />in all material respects and is sufficiently complete to give City true and accurate knowledge of
<br />its subject matter, and does not contain any material misrepresentation or omission.
<br />7.12 Conflicts of Interest. No member, official or employee of the City shall have any
<br />personal interest, direct or indirect, in this Agreement, nor shall any such member, official or
<br />employee participate in any decision relating to this Agreement which affects his/her personal
<br />interests or the interests of any corporation, partnership or association in which he/she has a direct
<br />or indirect financial interest. The Grantee warrants that it neither has paid nor given, nor will pay or
<br />give, any third party any money or other consideration for obtaining this Agreement.
<br />7.13 Nonliability of City Officials and Employees. No member, official or
<br />employee of the City shall be personally liable to the Grantee in the event of any default or
<br />EXHIBIT 2
|