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any applicable general plan, subdivision and parcel map requirement; environmental <br />requirements, including the requirements of the California Environmental Quality Act and <br />the National Environmental Policy Act and the preparation and approval of all required <br />environmental impact statements and reports; use, occupancy and building permit <br />requirements; and public utilities requirements. <br />9.7. Rights of Others. Developer is in compliance with all covenants, <br />conditions, restrictions, easements, rights of way and other rights of third parties relating <br />to the Property. <br />9.8. Litigation. There are no material actions or proceedings pending or, to the <br />best of the Developer's knowledge, threatened against or affecting Developer or any <br />property of Developer before any Governmental Authority, except as disclosed to City in <br />writing prior to the execution of this Agreement. <br />9.9. Bankruptcy. To the best of Developer's knowledge, no attachments, <br />execution proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, <br />reorganization or other proceedings are pending or threatened against Developer, nor are <br />any of such proceedings contemplated by Developer. <br />9.10. Information Accurate. To the best of Developer's knowledge, all <br />information, regardless of its form, conveyed by Developer to City, by whatever means, is <br />accurate and correct in all material respects and sufficiently complete to give City true and <br />accurate knowledge of its subject matter, and does not contain any material <br />misrepresentation or omission. <br />9.11. Conflicts of Interest. No member, official or employee of the City shall <br />have any personal interest, direct or indirect, in this Agreement, nor shall any such member, <br />official or employee participate in any decision relating to this Agreement which affects <br />his/her personal interests or the interests of any corporation, partnership or association in <br />which he/she has a direct or indirect financial interest. The Developer warrants that it <br />neither has paid nor given, nor will pay or give, any third party any money or other <br />consideration for obtaining this Agreement. <br />9.12. Nonliability of City Officials and Employees. No member, official or <br />employee of the City shall be personally liable to the Developer in the event of any default <br />or breach by the City or for any amount that may become due to Developer or on any <br />obligations under the terms of this Agreement. <br />9.13. Transfers. Developer expressly acknowledges and agrees that the City has <br />only agreed to assist the Developer as a means by which to induce the <br />acquisition/construction/development of the Property. During the Term of Agreement, <br />except for a Permitted Transfer or except as otherwise permitted under the Loan <br />Documents, Developer shall not sell or otherwise transfer the Project or any portion <br />thereof, and none of the constituent general partners of Developer shall sell or otherwise <br />transfer their interests in Developer, and none of the constituent general partners in a <br />partnership that is a general partner in Developer shall sell or otherwise transfer their <br />interest in such partnership without first obtaining the approval of the City, which consent <br />24 <br />WISEPIace Permanent Supportive Housing <br />City HOME -ARP Loan Agreement <br />