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(m) Condition of Site. The Agency shall be unconditionally committed <br />to deliver (i) fee title to the portion of Site on which such Phase is or will be located in <br />accordance with the requirements of the Scope of Development, and (ii) possession of such <br />portion of the Site on which such Phase is or will be located subject to no rights of tenants in <br />possession. <br />(n) Revised Budget. The Developer has prepared and the Agency has <br />approved the Revised Budget for the applicable Phase. <br />205. Representations and Warranties. <br />205.1 Agency Representations. The Agency represents and warrants to the <br />Developer as follows: <br />(a) Authority. The Agency is a public body, corporate and politic, <br />existing pursuant to the California Community Redevelopment Law (California Health and <br />Safety Code Section 33000), which has been authorized to transact business pursuant to action of <br />the City. The Agency has full right, power and lawful authority to grant and convey the Site as <br />provided herein and the execution, performance and delivery of this Agreement by the Agency <br />has been fully authorized by all requisite actions on the part of the Agency. <br />(b) FIRPTA. The Agency is not a "foreign person" within the <br />parameters of FIRPTA or any similar state statute, or is exempt from the provisions of FIRPTA <br />or any similar state statute, or the Agency has complied and will comply with all the <br />requirements under FIRPTA or any similar state statute. <br />(c) No Conflict. To the best of the Agency's knowledge, the Agency's <br />execution, delivery and performance of its obligations under this Agreement will not constitute a <br />default or a breach under any contract, agreement or order to which the Agency is a party or by <br />which it is bound. <br />(d) Notices of Violation. The Agency has no knowledge of, nor has <br />Agency received any notice of or know of any basis for, any violations of laws, statutes, <br />regulations, ordinances, other legal requirements with respect to the Site (or any part thereof) or <br />with respect to the use, occupancy or construction thereof, or any investigations by any <br />governmental or quasi-governmental authority into potential violations thereof or any <br />condemnation or eminent domain proceedings pending or threatened with respect to the Site or <br />any portion thereof. In the event the Agency receives notice of any such violations or <br />investigations affecting the applicable Phase prior to the Closing of such Phase, the Agency <br />promptly shall notify the Developer thereof. <br />(e) Leases and Contracts. Except as and to the extent disclosed to the <br />Developer, in writing, there are no leases or other contracts to which the Agency is a party which <br />would affect the property comprising the applicable Phase comparison Site. <br />(f) Delivery of Materials and Documents. The Agency's staff has <br />delivered all relevant materials and documents in its possession and pertaining to the Site to the <br />Developer. <br />20 <br />DOCS001400673v 14!200272-DOO t