STATION DIST DDA WITH CRA - Laserfiche WebLink

Home Browse Search

Until the Closing: the Agency shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Section 0 .1 not to be true as of Closing, imrne d iately give written notice of such fa e t or condition to the Developer. Such exception(s) to a representation shall not be deemed a breach by the Agency hereunder} unless such representation was false when made, but shall constitute a matter which the Developer shall have a right to reasonably approve or disapprove. If the Developer oper ele t s to close Escrow following disclosure of such information, the Agency's representations and warranties contained herein shall be deemed to have been made as of the Closing, subject to such disclosed matter(s). If, following the disclosure of such matter, the Developer elects to not close Escrow, then this Agreement and the Escrow shall au tomad ally terminate and neither party shall have any further rights, obligations or liabilities hereun der. The representations and warranties set Forth in this Section 205.1 shall survive the Closing. 205.2 Developer's Representations. The Developer represents and warrants to the Agency as follows: (a) The Developer is a duly organized California limited liability company and is authorized to do Business and is in good standing under the lags of the State of California. The copies of the documents evidencing the organization of the Developer which have been delivered to the Agency are true and complete copies of the originals, as amended to the Date of Agreement. The Developer has full right, power and lawful au thori t to accept the Conveyance of the Site and undertake all ohli gation s as provided herein and the execution, performance and delivery of this Agreement by the Developer has been full authorized by aH requisite actions on the part of the Developer. (b) E The Developer or its man akin � member) i an experienced d vel op r of residential projects similar in size, scope, and quality to the Developer Improvements to be constructed pursuant to this Agreement. (c) No Conflict. To the best of the Developer's knowledge, the Developer's e u tion, delivery and performance of its obligations under this Agreement wilt not constitute a default or a breach under any contract, agreement or order to which the Developer is a party or by which it is bound. (d) No Developer Bankruptcy. Developer is not the subject of a bankruptcy proceeding. (e) with Law.. The Developer warrants and represent that it will carry out the development of the Site in conformity with all Governmental Requirements, including, without limitation, all applicable .state and federal labor standards and requirements, the City zoning and development standards, building, plumbing, mechanical and electrical codes, and all other provisions of the City's Municipal Code, and all applicable disabled and handicapped access requirements, including without limitation the Americans With D l s a b i l i t ies Act, 42 U... S e c Lion 12 10 1, e t seq. , G overnment Co d e S e c tion 4450, et seq. , Government Code Section 1113 5, et seq., and the Unruh Civil Rights Act, Civil Code Section 5 1, et se q. 1 DO 0114 0067 3v 14120027 -000 1