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that during construction and thereafter, the Grantee shall operate and maintain the Property
<br /> and Improvements in compliance with all requirements for operation and maintenance set
<br /> forth in the DDA and the Regulatory Agreement.
<br /> 4. Grantee shall not restrict the rental, sale, lease, sublease, transfer, use, occupancy,
<br /> tenure or enjoyment of the Property or the Improvements, or any portion thereof, on the
<br /> basis of race, color, religion, creed, sex, sexual orientation, disability, marital status,
<br /> ancestry, or national origin of any person. Grantee covenants for itself and all persons
<br /> claiming under or through it, and this Grant Deed 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
<br /> the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision
<br /> (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the
<br /> Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or
<br /> enjoyment of the Property or part thereof, nor shall Grantee or any person claiming under
<br /> or through Grantee establish or permit any such practice or practices of discrimination or
<br /> segregation with reference to the selection, location, number, use or occupancy of tenants,
<br /> lessees, subtenants, sublessees or vendees in, of, or for the Property or part thereof.
<br /> Grantee shall include such provision in all deeds, leases, contracts and other instruments
<br /> executed by Grantee, and shall enforce the same diligently and in good faith.
<br /> 5. The Grantee covenants and agrees that the Property and Improvements will be used
<br /> for the purposes of timely development as set forth in the DDA and not for speculation in
<br /> landholding. The Grantee further recognizes that Grantor entered into the DDA with
<br /> Grantee and agreed to convey the Property to Grantee in reliance on the qualifications and
<br /> identity of Grantee, and that the qualifications of Grantee are of particular concern to
<br /> Grantor, particularly in view of the importance of the redevelopment of the Property to the
<br /> general welfare of the community, and the reliance by Grantor upon the unique
<br /> qualifications and ability of the Grantee to redevelop the Property. Grantee covenants, for
<br /> itself and its successors and assigns, that prior to completion of the Improvements, except
<br /> as permitted pursuant to the DDA, there shall be no sale, transfer, assignment,
<br /> conveyance, lease, pledge or encumbrance of the DDA, the Property or the Improvements
<br /> thereon or any part thereof, or of any ownership interest in the Grantee in violation of the
<br /> DDA. No voluntary or involuntary successor in interest of the Grantee shall acquire any
<br /> rights or powers under this Grant Deed or the DDA except as expressly set forth in this
<br /> Grant Deed or the DDA.
<br /> 6. The covenants contained in Sections 2 regarding construction and the covenants
<br /> against prohibited sales, transfers, assignments, conveyances, leases, pledges and
<br /> encumbrances contained in Section 5 shall remain in effect until construction of the
<br /> Improvements is completed as evidenced by Grantor's issuance of a Certificate of
<br /> Completion pursuant to ODA. The covenants in Section 3 regarding use, operation and
<br /> maintenance shall remain in effect for the term of the Regulatory Agreement. The
<br /> covenants against discrimination contained in Section 4 shall remain in effect in perpetuity.
<br /> 7. No violation or breach of the covenants, conditions, restrictions, provisions or
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