Representations by JAVA Sample Clauses

Representations by JAVA. JAVA represents, warrants and covenants as follows: (a) JAVA is a joint administrative entity created under the Interlocal Cooperation Act (Chapter 13, Article 8, Reissue Revised Statutes of Nebraska, as amended) pursuant to the Joint Antelope Valley Authority Interlocal Agreement, dated April 15, 2000, by and among The Board of Regents of the University of Nebraska, the City and the Lower Platte South Natural Resources District. (b) The lease of the Real Property by JAVA and the City to the Trustee and the lease of the Project by the Trustee to the City, as provided in the Lease, is necessary, desirable and in the public interest, and JAVA hereby declares that the construction of the Park Improvements are consistent with the purposes for which it was formed. (c) JAVA, pursuant to a resolution adopted by its governing body, has full power and authority to enter into the transactions contemplated by this Site Lease and to carry out its obligations hereunder, and has been duly authorized to execute and deliver this Site Lease and by proper action has duly authorized the execution and delivery of this Site Lease. (d) Neither the execution and delivery of this Site Lease, nor the fulfillment of or compliance with the terms and conditions hereof, nor the consummation of the transactions contemplated hereby, conflicts with or results in a breach of the terms, conditions or provisions of any restriction or any agreement or instrument to which JAVA is now a party or by which JAVA is bound. (e) JAVA has good and marketable fee title to the Real Property, subject to a residual interest of the City upon the satisfaction of certain conditions set forth in . (f) The Real Property is not subject to any dedication, easement, right of way, reservation in patent, covenant, condition, restriction, lien or encumbrance that would prohibit or materially interfere with the use of the Project as contemplated by the Lease. (g) All taxes, assessments or impositions of any kind with respect to the Real Property, except current taxes, have been paid in full. (h) The Real Property is properly zoned for the Project. (i) JAVA has not made, done, executed or suffered, and warrants that it will not make, do, execute or suffer, any act or thing whereby its interests in any property now or hereafter included in the Project will be or may be impaired, changed or encumbered in any manner whatsoever except as permitted by this Site Lease and the Lease. (j) There is no proceeding pending or th...