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5.1 Use, Affordable Housing. Developer covenants and agrees for itself and its
<br />successors and assigns that upon Developer's acquisition thereof, the Property shall be used for
<br />the development and operation of a multi- family residential project which shall also include
<br />ground floor rctail space that may include a childcare center, in accordance -with the terms and
<br />conditions of this Agreement and the Regulatory Agreement.
<br />5.2 Maintenance. Developer shall at its own expense, maintain the Property, the
<br />Improvements and related landscaping and common areas in good physical condition, in good
<br />repair, and in decent, safe, sanitary, habitable and tenantable living conditions in conformity with
<br />all applicable state, federal, and local laws, ordinances, codes, and regulations. Without limiting
<br />the foregoing, Developer agrees to maintain the Project and the Property (including without
<br />limitation, the residential units, common areas, landscaping, driveways, parking areas, and
<br />walkways) in a condition free of all waste, nuisance, debris, unmaintained landscaping, graffiti,
<br />disrepair, abandoned vehicles /appliances, and illegal activity, and shall take all reasonable steps
<br />to prevent the same from occurring on the Property or at the Project. Developer shall prevent
<br />and/or rectify any physical deterioration of the Property and the Project and shall make all
<br />repairs, renewals and replacements necessary to keep the Property and the improvements
<br />located thereon in good condition and repair. Developer shall provide adequate security for
<br />occupants of the Project. The provisions of this Section 5.2 shall apply from and after
<br />Developer's acquisition of the Property.
<br />5.3 Taxes and Assessments. From and after Developer's acquisition of the Property,
<br />Developer shall pay all real and personal property taxes, assessments and charges and all
<br />franchise, income, payroll, withholding, sales, and other taxes assessed against the Property or
<br />the Improvements and payable by Developer, at such times and in such manner as to prevent any
<br />penalty from accruing, or any lien or charge from attaching to the Property or the Improvements;
<br />provided, however, that Developer shall have the right to contest in good faith, any such taxes,
<br />assessments, or charges. In the event the Developer exercises its right to contest any tax,
<br />assessment, or charge, the Developer, on final determination of the proceeding or contest, shall
<br />immediately pay or discharge any decision or judgment rendered against it, together with all
<br />costs, charges and interest.
<br />5.4 Obligation to Refrain from Discrimination. From and after Developer's
<br />acquisition of the Property, Developer shall not restrict the rental, sale, lease, sublease, transfer,
<br />use, occupancy, tenure or enjoyment of the Property or the Improvements, or any portion.thereof,
<br />on the basis of race, color, religion, creed, sex, sexual orientation, disability, marital status,
<br />ancestry, or national origin of any person. Developer covenants for itself and all persons
<br />claiming under or through it, and this Agreement is made and accepted upon and subject to the
<br />condition that there shall be no discrimination against or segregation of any person or group of
<br />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 the Improvements or part thereof. Developer shall include
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