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• • Participant shall reimburse City of Agency for its cost of undertaking such construction or shall participate in assessment district proceedings for such purposes and waive all protests associated therewith. [Section 302.6.] Participant shall promptly pay any required payments for utilities undergrounding pursuant to Chapter Five of the San Leandro Municipal Code. C. [Section 303] Maintenance of the Site [Section 303.1.] Participant shall properly maintain all improvements on the Site in a reasonably neat, clean and presentable condition. Participant shall promptly complete all repair and maintenance work as required by Agency, provided that such requirements of the Agency are reasonable in relation to the standard of repair of other buildings and improvements of similar age and construction in the Project which have been improved under requirements of the Plan. Participant shall promptly repair any damage that may occur to the Development due to fire, earthquake or other calamity, or shall clear said Site of all structures and debris. [Section 303.2.] Participant shall prevent the accumulation of dirt, grease and debris, and remove weeds and debris or trash from the Site. Participant shall, at all times, maintain all landscaped and unimproved areas in a reasonably neat, clean, litter-free and weed- free condition. All trees, shrubs and ground covers shall be maintained in a reasonably healthy and growing condition at all times and shall be pruned regularly and properly staked. Dead or unhealthy plants shall be promptly removed and replaced. The landscaping must remain in conformance with the approved landscape plan at all times. No existing landscaping may be removed, or the landscaping changed in any substantive way without prior Agency approval. [Section 303.3] Participant shall maintain the public sidewalk abutting the site by sweeping and washing the sidewalk as necessary to prevent the accumulation of dirt, debris or weeds. [Section 303.4] There shall be no speakers or other noise generating devices audible beyond the Site, except alarm devices. [Section 303.5.] Driveways on Marina Boulevard will be restricted to right-turn only entering or exiting the Site. C. [Section 304] Obligation to Refrain from Discrimination There shall be no discrimination against or segregation of any person, or group of persons, on account of sex, marital status, race, color, creed, religion, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, or any part thereof, nor shall the Participant itself or any persons claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Site. Owner Participation Agreement Page 4 of 9