|
2890662.3 16
<br />ARTICLE VI
<br />USE OF THE PROPERTY
<br />6.1 Use; Affordable Housing. Developer covenants and agrees for itself and its
<br />successors and assigns that the Property shall be used for the development and operation of a
<br />residential rental project with 57 affordable units in accordance with the terms and conditions of
<br />this Agreement and the Regulatory Agreement.
<br />6.2 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 in
<br />good condition and repair. Developer shall provide adequate security services for occupants of
<br />the Project.
<br />6.3 Taxes and Assessments. Developer shall pay all real and personal property taxes,
<br />assessments and charges and all franchise, income, payroll, withholding, sales, and other taxes
<br />assessed against the Property and payable by Developer, at such times and in such manner as to
<br />prevent any penalty from accruing, or any lien or charge from attaching to the Property;
<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. Developer shall have the right to apply for all applicable tax
<br />exemptions, including, without limitation, the welfare exemption from property tax for low-
<br />income housing.
<br />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 />38
|