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<br />A. Authority. Agency is a public body, corporate and politic, existing pursuant to the
<br />Community Redevelopment Law, which has been authorized to transact business pursuant to
<br />action of the City. Agency has full right, power and lawful authority to grant, sell and convey
<br />the Property as provided herein, and the execution, perfonnance and delivery of this DDA by
<br />Agency has been fully authorized by all requisite actions on the part of the Agency.
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<br />B. FIRPT A. The Agency is not a "foreign person" within the parameters of the
<br />Foreign Investment in Real Property Transfer Act ("FIRPT A") or any similar state statute, or is
<br />exempt from the provisions ofFIRPTA or any similar state statute, or the Agency has complied
<br />with and will comply with all the requirements under FIRPT A or any similar state statute.
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<br />C. No Conflict. To the best of Agency's knowledge, Agency's execution, delivery
<br />and perfonnance of its obligations under this DDA will not constitute a default or a breach under
<br />any contract, agreement or order to which Agency is a party or by which it is bound.
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<br />D. Litigation. There are no claims, causes of action or other litigation or proceedings
<br />pending or, to the best knowledge of the Agency, threatened with respect to the ownership,
<br />operation or environmental condition ofthe Property or any part thereof (including disputes with
<br />mortgagees, governmental authorities, utility companies, contractors, adjoining landowners or
<br />suppliers of goods and services).
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<br />E. Violations. To the best knowledge of the Agency, there are no violations of any
<br />health, safety, pollution, zoning or other laws, ordinances, rules or regulations with respect to the
<br />Property, which have not heretofore been entirely corrected. In the event Agency has actual
<br />knowledge of any such violations, Agency shall immediately provide Developer with copies of
<br />all documents evidencing such violation.
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<br />F. No Third Party Obligations. Agency has not made, and prior to the Closing Date
<br />will not make, any commitments to any governmental authorities, utility company, school board,
<br />church or other religious body, or any homeowner or homeowner's association, or to any other
<br />organization, group or individual, relating to Parcel A or Parcel B which would impose any
<br />obligation on the Developer, or its successors or assigns, after the Closing Date to make any
<br />contributions of money, dedications of land or grant of easements or rights of way, or to
<br />construct, install or maintain any improvements of a public or private nature on or off the
<br />Property, without the approval of the Developer.
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<br />Until the Closing, the Agency shall, upon learning of any fact or condition which would
<br />cause any of the warranties and representations in this Section 414.1 not to be true as of the
<br />Closing, within five (5) business days give written notice of such fact or conditießo.to the
<br />Developer. Such exceptiones) to a representation shall not be deemed a breach by the Agency
<br />hereunder, but shall constitute an exception which the Developer shall have a right to approve or
<br />disapprove if such exception would have an effect on the value and/or development of the
<br />Property. Ifthe Developer elects to close Escrow following disclosure of such infonnation,
<br />Agency's representations and warranties contained herein shall be deemed to have been made as
<br />ofthe Closing, subject to such exception(s). If, following the disclosure of such infonnation, the
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