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6.B. - Page 95 of 117 <br />13.3. Encroachments. To the best of Strada's knowledge. there are no <br />encroachments onto the Public Right -of -Way and Public Service Easement Area by improvements <br />on any adjoining property. <br />13.4. Strada's Title. Until the Close of Escrow, Strada shall not do anything which <br />would impair Strada's title to the Public Right -of -Way and Public Service Easement Area. <br />13.5. Conflict with Other Obli ag tion. To the best of Strada's knowledge, neither <br />the execution of this Agreement nor the performance of the obligations herein will conflict with, or <br />breach any of the provisions of any bond, note, evidence of indebtedness, contract, lease, covenants, <br />conditions and restrictions, or other agreement or instrument to which Strada or the Public Right - <br />of -Way and Public Service Easement Area may be bound. <br />13.6. Authority. Strada is the owner of and has the full right, power, and authority <br />to sell, convey, and grant the Public Right -of -Way and Public Service Easement to City as provided <br />herein and to carry out Strada's obligations hereunder. <br />13.7. Bankruptcy. Neither Strada nor any related entity is the subject of a <br />bankruptcy proceeding, and permission of a bankruptcy court is not necessary for Strada to be able <br />to transfer the Public Right -of -Way and Public Service Easement Area as provided herein. <br />13.8. Governmental Compliance. Strada has not received any notice from any <br />governmental agency or authority alleging that the Public Right -of -Way and Public Service <br />Easement Area is currently in violation of any law, ordinance, rule, regulation or requirement <br />applicable to its use and operation. If any such notice or notices are received by Strada following <br />the Effective Date, Strada shall notify City within ten (10) days of receipt of such notice. Strada <br />then, at its expense, shall perform the work or take the necessary corrective action prior to the Close <br />of Escrow. <br />13.9. Right to Possession. As of the Effective Date and as of the Close of Escrow, <br />no person or entity other than Strada has the right to possess the Public Right -of -Way and Public <br />Service Easement Area, or any portion thereof. <br />13.10. Non -Foreign Transferor. Strada is not a "foreign person" within the meaning <br />of the Foreign Investment in Real Property Act or any similar state statute, and Strada will comply <br />with all of the requirements of the Foreign Investment in Real Property Act and any similar state <br />statute in connection with this transaction. <br />13.11. Change -of Situation. Until the Close of Escrow, Strada shall, upon learning <br />of any fact or condition which would cause any of the warranties and representations in this <br />Section 13 not to be true as of the Close of Escrow, immediately give written notice of such fact or <br />condition to City, in which case City shall be entitled to either close Escrow with knowledge of <br />such fact or condition or terminate this Agreement.. <br />14. Reserved. <br />Exhibit F-72 <br />OAK #4843-3885-9090 v1 <br />ATTY/AGR/2018.094/STRADA DEVELOPMENT AGREEMENT <br />REV: 07-27-18 VR <br />Page 72 of 94 <br />103 <br />