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ARTICLE IV <br />AFFIRMATIVE COVENANTS <br />4.1 USE OF FUNDS; CONSTRUCTION SCHEDULE. Owner covenants that it <br />shall use the Loan Proceeds solely for purpose of financing the Project in accordance with <br />Section 2.1. Owner shall commence construction of the Project within 60 days following <br />the Effective Date, and shall complete construction of the Project Improvements and obtain <br />certification from the City's Building Department in accordance with Section 4.2 no later <br />than 250 days after the Effective Date. <br />4.2 CONSTRUCTION PURSUANT TO PLANS CERTIFICATION. All <br />construction related to the Project shall be undertaken pursuant to plans and specifications <br />approved by City and Agency. Owner agrees to place a sign (with design to be provided by <br />Agency) on the Property during construction acknowledging the Agency's participation. <br />Promptly after completion of the Project, Owner shall obtain certification from the City's <br />Building Department certifying that the Improvements have been completed in accordance <br />with this Agreement. <br />4.3 USE AND MAINTENANCE OF THE PROPERTY. Owner may use the <br />Property for any uses allowed by City's DA-1 Zoning designation, and Owner covenants for <br />itself and its successors and assigns that throughout the term of the Loan, the Property <br />shall be used only for such purposes unless the Agency and City subsequently approve <br />other uses. <br />Owner shall keep the Property and the Improvements in good repair and condition, <br />and from time to time make necessary repairs, renewals and replacements thereto so that <br />the Property and Improvements shall be preserved and maintained. Owner agrees to keep <br />the Property free from litter, graffiti, peeling paint, unkempt landscaping and other unsightly <br />features as reasonably determined by the Agency or by City's Community Development <br />Department, Office of Business Development, Building Division or other City of San <br />Leandro department. <br />4.4 Reserved. <br />4.5 ACCOUNTING RECORDS; PROPERTY INSPECTION. Owner shall <br />maintain accurate books and records with respect to the completion of the Project and the <br />use of the Loan Proceeds and shall permit the Agency, during business hours and upon <br />reasonable notice to inspect, audit and examine such books and records and to inspect the <br />Property during normal business hours upon reasonable notice. <br />4.6 COMPLIANCE WITH LAWS. Owner shall comply with all federal, state and <br />local laws, regulations, ordinances and rules applicable to the Property and the Project, <br />including without limitation, all applicable requirements of state and local building codes and <br />regulations, and all applicable statutes and regulations relating to accessibility for the <br />disabled. <br />4.7 INSURANCE. Owner shall maintain and keep in force at Owner's expense, <br />insurance coverage with respect to the Project and the Property in accordance with the <br />1172395-2 g <br />Commercial Rehabilitation Loan Program <br />Owner Participation and Loan Agreement <br />Form: 12-3-08 <br />