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preparation and approval of all required environmental impact statements and reports; use,
<br />occupancy and building permit requirements; and public utilities requirements.
<br />901.8 Rights of Others. Developer is in compliance with all covenants,
<br />conditions, restrictions, easements, rights of way and other rights of third parties relating to the
<br />Property.
<br />901.9 Litigation. There are no material actions or proceedings pending or, to the
<br />best of the Developer's lrnowledge, threatened against or affectin~Jaeveloper, any oi'the members of
<br />the Developer non-profit corporation, or any properly of Developer before any Governmental
<br />f.,
<br />Authority, except as disclosed to Agency/City in writing pr~oi•,totthe execution of this Agreement. If
<br />at any titnc during the Term of this Agreement there a~rrses,an}~slnaterial legal proceeding, real or
<br />threatened, to which the Developer entity becomes, or iiiay be iiiade_•a parry, or to which any of its
<br />property is or may become subject, or any other eveitoccurs, which could materially or adversely
<br />affect the ability of the Developer to carry out its obligations herewrc{er, Developer shall promptly
<br />(and in any event within five (5) business days) notify the Agency in writirig:r .,
<br />901.10 Bankruptcy
<br />execution proceedings, assigmncnj
<br />reorganization or other proceedings ai
<br />proceedings contemplated by Develof
<br />901.11
<br />information, regardles
<br />accurate, correct and =.
<br />subject matter, and doi
<br />shall
<br />personal interests or the iii'
<br />direct or itdgect financial
<br />will pay or give„qny third 1
<br />901;13. N
<br />official or employoc of~he
<br />any default or breach by `fl
<br />or on any obligations unde'
<br />To the heat Jo~' Developer's knowledge,., no attachments,
<br />for the bet~fit of creditors, insolvetiCy, banlu•uptcy,
<br />~entiitig or threatened=:against Developer, nor ate any of such
<br />or
<br />..Developer's knowledge, all
<br />~ylCity, by whatever means, is
<br />and accurate knowledge of its
<br />. No'ri~e4nber, official or employee of the Agency/City
<br />direct, iri'this Agreement, nor shall any such member,
<br />.ion relating to this Agreement which affects his/her
<br />ratiofi partnership or association in which he/she has a
<br />eloper warrants that it neither has paid nor given, nor
<br />other consideration for obtaining this Agteement.
<br />y of Agency/City Officials and Employees. No member,
<br />agency shall be personally liable to the Developer in the event of
<br />Agency or for any amount which may become due to Developer
<br />s of this Agreement.
<br />901.14 No Assignment. Developer expressly aclarowledges and agrees that the
<br />City and Agency have only agreed to assist the Developer as a means by which to induce, the
<br />construction/development of the Property. Accordingly, Developer further expressly acknowledges
<br />and agrees that this Agreement is a personal right of Developer that is neither negotiable,
<br />transferable, nor assignable excepC as set forth herein. Developer may assign some or all of its rights
<br />under Che Agreement only with the prior written consent of the 1Jxecutive Director (such consent not
<br />to be rmreasonably withheld), except that no prior consent is necessary for an assignment by a limited
<br />partner of Developer to an affiliate, or as otherwise provided in the Deed(s) of Trust.
<br />3Y
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