|
6.4 Obligation to Refrain from Discrimination. Developer shall not restrict the rental,
<br />sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, or any
<br />portion thereof, on the basis of race, color, religion, creed, sex, sexual orientation, disability,
<br />marital status, ancestry, or national origin of any person. Developer covenants for itself and all
<br />persons claiming under or through it, and this Agreement is made and accepted upon and subject
<br />to the condition that there shall be no discrimination against or segregation of any person or
<br />group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the
<br />Government Code, as those bases are defined in Sections 12926, 12926. 1, subdivision (m) and
<br />paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code,
<br />in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property or part
<br />thereof, nor shall Developer or any person claiming under or through Developer establish or
<br />permit any such practice or practices of discrimination or segregation with reference to the
<br />selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or
<br />vendees in, of, or for the Property or part thereof. Developer shall include such provision in all
<br />deeds, leases, contracts and other instruments executed by Developer, and shall enforce the same
<br />diligently and in good faith.
<br />6.5 Regulatory Agreement. The obligations set forth in this Article VI shall
<br />survive the Closing and the termination of this Agreement, and will be set forth in the Grant
<br />Deed and in a Regulatory Agreement and Declaration of Restrictive Covenants ( "Regulatory
<br />Agreement ") for the benefit of City that shall be recorded at Closing in the Official Records.
<br />Notwithstanding anything to the contrary set forth in this Article VI, Developer shall have no
<br />obligation to repair or repave public streets.
<br />ARTICLE VII
<br />LIMITATIONS ON CHANGE IN OWNERSHIP, MANAGEMENT
<br />AND CONTROL OF DEVELOPER
<br />7.1 Change Pursuant to this Agreement. Developer and its principals have
<br />represented that they possess the necessary expertise, skill and ability to carry out the
<br />development of the Project on the Property pursuant to this Agreement. The qualifications,
<br />experience, financial capacity and expertise of Developer and its principals are of particular
<br />concern to the City. It is because of these qualifications, experience, financial capacity and
<br />expertise that the City has entered into this Agreement with Developer. No voluntary or
<br />involuntary successor, assignee or transferee of Developer shall acquire any rights or powers
<br />under this Agreement, except as expressly provided herein.
<br />7.2 Prohibition on Transfer. Prior to City's issuance of the final certificate of
<br />occupancy or equivalent for the Project, Developer shall not, except as expressly permitted by
<br />this Agreement, directly or indirectly, voluntarily, involuntarily or by operation of law make or
<br />attempt any total or partial sale, transfer, conveyance, assignment or lease (collectively,
<br />"Transfer ") of the whole or any part of the Property or this Agreement, without the prior written
<br />approval of City, which approval shall not be unreasonably withheld. Any such attempt to
<br />assign this Agreement without the City's consent shall be null and void and shall confer no rights
<br />or privileges upon the purported assignee. In addition to the foregoing, prior to City's issuance
<br />1875524.3 19
<br />
|