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<br />CDBG Loan Agreement 7/1/2023
<br />Between City of San Leandro and
<br />Building Futures with Women and Children Page 5 of 18
<br />relief, expenses and charges (including attorneys’ fees and expenses of attorneys) (collectively “Liabilities”)
<br />arising directly or indirectly in any manner in connection with or as a result of (a) any breach of Participant’s
<br />covenants under the Loan Documents, (b) any failure of Participant’s representations and warranties to be
<br />true and correct in all material respects when made, (c) injury or death to persons or damage to property or
<br />other loss occurring on the Property, whether caused by the negligence or any other act or omission of
<br />Participant or any other person or by negligent, faulty, inadequate or defective design, building, construction
<br />or maintenance or any other condition or otherwise, or (d) any claim, demand or cause of action, or any
<br />action or other proceeding, whether meritorious or not, brought or asserted against any Indemnitee which
<br />relates to or arises out of the Property, the Improvements, the CDBG Loan, the Loan Documents, or any
<br />transaction contemplated thereby, or any failure of Participant to comply with all applicable state, federal and
<br />local laws and regulations, including without limitation, applicable provisions of the California Building
<br />Standards Code, the Prevailing Wage Laws, and the Americans with Disabilities Act in connection with the
<br />construction or operation of the Improvements, provided that no Indemnitee shall be entitled to
<br />indemnification under this Section for matters caused by such Indemnitee's gross negligence or willful
<br />misconduct. The obligations of Participant under this Section shall survive the expiration or termination of
<br />this Agreement and the making and repayment of the CDBG Loan.
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<br /> 3.6 OBLIGATION TO REFRAIN FROM DISCRIMINATION. Participant shall not restrict the
<br />rental, sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, or any portion
<br />thereof, on the basis of race, color, religion, creed, sex, sexual orientation, disability, marital status, ancestry,
<br />or national origin of any person. Participant covenants for itself and all persons claiming under or through it,
<br />and this Agreement is made and accepted upon and subject to the condition that there shall be no
<br />discrimination against or segregation of any person or group of persons on account of any basis listed in
<br />subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections
<br />12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2
<br />of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the
<br />Property or part thereof, nor shall Participant or any person claiming under or through Participant establish
<br />or permit any such practice or practices of discrimination or segregation with reference to the selection,
<br />location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in, of, or for the
<br />Property or part thereof. Participant shall include such provision in all deeds, leases, contracts and other
<br />instruments executed by Participant, and shall enforce the same diligently and in good faith.
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<br />All deeds, leases or contracts made or entered into by Participant, its successors or assigns, as to any portion
<br />of the Property or the Improvements shall contain the following language:
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<br /> (a) In Deeds, the following language shall appear:
<br />“Grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under or
<br />through it, that there shall be no discrimination against or segregation of a person or of a group of persons
<br />on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those
<br />bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section
<br />12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy,
<br />tenure or enjoyment of the property herein conveyed nor shall the grantee or any person claiming under or
<br />through the grantee establish or permit any such practice or practices of discrimination or segregation with
<br />reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees
<br />or vendees in the property herein conveyed. The foregoing covenant shall run with the land.”
<br />DocuSign Envelope ID: 057135D4-E785-4F2C-BAEE-D4B277B0C49C
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