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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 6 of 18 <br /> <br /> (b) In Leases, the following language shall appear: <br />“The lessee herein covenants by and for the lessee and lessee’s heirs, personal representatives and assigns, <br />and all persons claiming under the lessee or through the lessee, that this lease is made subject to the <br />condition that there shall be no discrimination against or segregation of any person or of a group of persons <br />on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, ancestry or <br />disability in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the property herein <br />leased nor shall the lessee or any person claiming under or through the lessee establish or permit any such <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 />DocuSign Envelope ID: 057135D4-E785-4F2C-BAEE-D4B277B0C49C