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206. Representations and Warranties. <br />as follows: <br />206.1 Agency Representations. Agency represents and warrants to Developer <br />a. Authority. Agency is a public body, corporate and politic, existing <br />pursuant to the California Community Redevelopment Law (California Health and Safety Code <br />Section 33000), which has been authorized to transact business pursuant to action of the City. <br />Agency has full right, power and lawful authority to grant, sell and convey the Sites as provided <br />herein and the execution, performance and delivery of this Agreement by Agency has been fully <br />authorized by all requisite actions on the part of Agency. <br />b. FIRPTA. Agency is not a "foreign person" within the parameters of <br />FIRPTA or any similar state statute, or is exempt from the provisions of FIRPTA or any similar <br />sate statue, or that Agency has complied and will comply with all the requirements under <br />FIRPTA or any similar state statute. <br />c. No Conflict. To the best of Agency's knowledge, Agency's execution, <br />delivery and performance of its obligations under this Agreement will not constitute a default or <br />a breach under any contract, agreement or order to which Agency is a party or by which it is <br />bound. <br />d. Litigation. There are no claims, causes of action or other litigation or <br />proceedings pending or, to the best knowledge of the Agency, threatened with respect to the <br />ownership, operation or environmental condition of the Sites or any part thereof (including <br />disputes with mortgagees, governmental authorities, utility companies, contractors, adjoining <br />landowners or suppliers of goods and services). <br />e. Violations. To the best knowledge of the Agency, there are no violations <br />of any health, safety, pollution, zoning or other laws, ordinances, rules or regulations with <br />respect to the Sites, which have not heretofore been entirely corrected. In the event Agency has <br />actual knowledge of any such violations, Agency shall (i) immediately provide Developer with <br />copies of all documents evidencing such violation, and (ii) cure such violation prior to Closing <br />except as expressly provided herein. <br />f. No Third Party Obligations. Agency has not made, and prior to the <br />Closing Date will not make, any commitments to any governmental authorities, utility company, <br />school board, church or other religious body, or any homeowner or homeowner's association, or <br />to any other organization, group or individual, relating to the Sites 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 Sites, <br />without the approval of the Developer. <br />g. Use of Low and Moderate Income Housing Funds. The Agency has <br />used moneys from its Low and Moderate Income Housing Fund, established pursuant to Health <br />600457905v2 1-T <br />