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Development Property or the Easement Property, which would in any way affect the Developer's <br />performance under this Agreement. To the best of the Developer's knowledge, no Council <br />member or other officer or employee of the City other than any property owners that may be <br />affected by special assessments, is directly or indirectly financially interested in this Agreement <br />or any contract, agreement or job thereby contemplated to be entered into or undertaken. The <br />Developer warrants that it has not paid or given, and will not pay or give, any official or <br />employee of the City any money or other consideration for obtaining this Agreement. No <br />official or employee of the City shall have any personal interest, direct or indirect, in this <br />Agreement. <br />(5) Neither the execution and delivery of this Agreement, the consummation of the <br />transactions contemplated hereby, nor the fulfillment of or compliance with the terms and <br />conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, <br />the terms, conditions or provision of any contractual restriction, evidence of indebtedness, <br />agreement or instrument of whatever nature to which the Developer is now a party or by which it <br />or the Development Property or the Easement Property is bound, or constitutes a default under <br />any of the foregoing. <br />(6) The Developer is the fee owner of the Development Property and the Easement <br />Property. <br />(7) The construction of the Project would not have been undertaken by the <br />Developer, and in the opinion of the Developer would not be economically feasible within the <br />reasonably foreseeable future, without the assistance and benefit to the Developer provided for in <br />this Agreement and previously discussed by the City Council. <br />2139197v6 <br />Doc# 2561638 \9 <br />7 <br />