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<br />
<br />CDBG LOAN AGREEMENT
<br />BETWEEN THE CITY OF SAN LEANDRO AND
<br />BUILDING FUTURES FOR WOMEN AND CHILDREN
<br />practice or practices of discrimination of segregation with reference to the selection, location, number, use or
<br />occupancy of tenants, lessees, sublessees, subtenants, or vendees in the property herein leased.”
<br />
<br /> (c) In Contracts
<br />“There shall be no discrimination against or segregation of any person or group of persons on account of any
<br />basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined
<br />in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and
<br />Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or
<br />enjoyment of the property nor shall the transferee or any person claiming under or through the transferee
<br />establish or permit any such practice or practices of discrimination or segregation with reference to selection,
<br />location, number, use or occupancy of tenants, lessee, subtenants, sublessees or vendees of the land.”
<br />
<br />3.7 USE OF PROPERTY: Participant may not change the use or planned use of any such
<br />property (including the beneficiaries of such use) from that for which the Improvements were made unless
<br />the Participant provides the City with reasonable notice of, and opportunity to comment on, any proposed
<br />change.
<br />
<br />3.8 TAXES AND OTHER LIABILITIES. Participant shall pay and discharge when due any and
<br />all indebtedness, obligations, assessments, taxes, including federal and state payroll and income taxes which
<br />are the obligations of Participant in relation to the Property or the Improvements except those that Participant
<br />may in good faith contest or as to which a bona fide dispute may arise, provided provision is made to the
<br />satisfaction of City for eventual payment thereof in the event that it is found that the same is an obligation of
<br />Participant.
<br />
<br />3.9 HAZARDOUS MATERIALS.
<br />
<br /> 3.9.1 Covenants. Participant shall not cause or permit any Hazardous Materials (as
<br />defined below) to be brought upon, kept, stored or used in, on, or about the Property by Participant, or the
<br />agents, employees, contractors or invitees of Participant except for materials commonly used in construction
<br />activities similar to those related to the Improvements, or in the operation and maintenance of the Property
<br />and the Improvements, in each case in compliance with all applicable laws, and shall not cause any release
<br />of Hazardous Materials into, onto, under or through the Property. If any Hazardous Material is discharged,
<br />released, dumped, or spilled in, on, under, or about the Property and results in any contamination of the
<br />Property or adjacent property, or otherwise results in the release or discharge of Hazardous Materials in, on,
<br />under or from the Property, Participant shall promptly take all actions at Participant’s sole expense as are
<br />necessary to comply with all Environmental Laws (as defined below).
<br />
<br />“Hazardous Materials” means any substance, material or waste which is or becomes regulated by
<br />any federal, state or local governmental authority, and includes without limitation (i) petroleum or oil or gas
<br />or any direct or indirect product or by-product thereof; (ii) asbestos and any material containing asbestos; (iii)
<br />any substance, material or waste regulated by or listed (directly or by reference) as a “hazardous substance”,
<br />“hazardous material”, “hazardous waste”, “toxic waste”, “toxic pollutant”, “toxic substance”, “solid waste” or
<br />“pollutant or contaminant” in or pursuant to, or similarly identified as hazardous to human health or the
<br />environment in or pursuant to, the Toxic Substances Control Act [15 U.S.C. 2601, et seq.]; the
<br />Comprehensive Environmental Response, Compensation and Liability Act [42 U.S.C. Section 9601, et seq.],
<br />365
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