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The Property Owner hereby makes the following representations, covenants and <br />warranties, and Property Owner acknowledges that the execution of this <br />Inclusionary Housing Agreement by the City has been made in material reliance <br />by the City on such covenants, representations and warranties: <br />II -A. The Property Owner is a Delaware limited liability company, lawfully <br />entitled to do business in the State of California and the City. The <br />Property Owner has the legal right, power and authority to enter into this <br />Inclusionary Housing Agreement and the instruments and documents <br />referenced herein and to consummate the transaction contemplated <br />hereby. The persons executing this Inclusionary Housing Agreement and <br />the instruments referenced herein on behalf of the Property Owner hereby <br />represent and warrant that such persons have the power, right and <br />authority to bind the Property Owner. <br />II -13. The Property Owner has taken all requisite action and obtained all <br />requisite consents in connection with entering into this Inclusionary <br />Housing Agreement and the instruments and documents referenced <br />herein and the consummation of the transactions contemplated hereby, <br />and no consent of any other party is required for the Property Owner's <br />authorization to enter into this Inclusionary Housing Agreement. <br />II -C. Neither the execution of this Inclusionary Housing Agreement nor the <br />consummation of the transactions contemplated hereby shall result in a <br />breach of or constitute a default under any other agreement, document, <br />instrument, or other obligation to which the Property Owner is a party or by <br />which the Property Owner may be bound, or to the best of the Property <br />Owner's knowledge, under any law, statute, ordinance, governmental <br />regulation or any writ, injunction, order or decree of any court or <br />governmental body applicable to the Property Owner or to the Property. <br />II -D. This Inclusionary Housing Agreement is, and all agreements, instruments <br />and documents to be executed by the Property Owner pursuant to this <br />Inclusionary Housing Agreement shall be duly executed by, and to the <br />best of the Property Owner's knowledge, are or shall be valid and legally <br />binding upon the Property Owner and enforceable in accordance with their <br />respective terms. <br />Inclusionary Housing Agreement — Rental Project Page 10 <br />City of Santa Ana September 18, 2014 <br />