|
against or segregation of any person, or group of persons, on account of race, color,
<br />creed, religion, sex, mental or physical disability, marital status, national origin, or
<br />ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the
<br />Property, nor shall Developer or any person claiming under or through it, establish or
<br />permit any such practice or practices of discrimination or segregation with reference to
<br />the selection, location, number, use or occupancy of tenants, lessees, subtenants,
<br />sublessees, or vendors of the Property.
<br />B. In Affordable Housing Restrictions. The
<br />foregoing covenant shall (a) be included in the Affordability Restrictions on Transfer of
<br />Property, (b) run with the land, and (c) remain effective for the term of the contract (for
<br />55 years).
<br />C. In Employment. In construction of the
<br />Property, Developer shall not discriminate against any employee or applicant because of
<br />race, color, creed, religion, sex, marital status, mental or physical disability, national
<br />origin, or ancestry. Developer shall take affirmative action to ensure that applicants are
<br />employed, and that employees are treated during employment, without regard to their
<br />race, color, creed, religion, sex, marital status, national origin, or ancestry.
<br />D. In all Contracts. Developer shall cause the foregoing
<br />covenants to be inserted in all contracts for any work covered by this Agreement so that
<br />such provisions will be binding upon each contractor and subcontractor for the benefit of
<br />City, provided that the foregoing covenant shall not apply to contracts or subcontracts for
<br />standard commercial supplies or raw materials.
<br />14. ENVIRONMENTAL MATTERS
<br />14.1 Representation and Warranty. Except as disclosed in writing to the
<br />City including the environmental site assessments prepared on behalf of Developer and
<br />delivered to the City, Developer has no knowledge (a) of the presence on, under or about
<br />the Property, now or in the past, of any Hazardous Materials in violation of applicable
<br />law, or of the transportation to or from the Property of any Hazardous Materials, (b) that
<br />asbestos or polychlorinated biphenyls (PCBs) are contained in or stored on the Property,
<br />or (c) that there are any underground storage tanks located in, on or under the Property.
<br />14.2 Compliance with Environmental Laws. Developer shall (a) comply with
<br />all environmental laws and environmental permits applicable to the Construction of the
<br />Property, (b) immediately pay or cause to be paid all costs and expenses incurred by
<br />reason of such compliance, (c) keep the Property free and clear of any environmental
<br />claims or liens imposed pursuant to any environmental law, and (d) obtain and renew all
<br />environmental permits required for ownership or use of the Property.
<br />14.3 Presence of Hazardous Materials. Developer shall not, and shall not
<br />permit anyone else to, generate, use, treat, store, handle, release, or dispose of Hazardous
<br />Materials on the Property, or transport or permit the transportation of Hazardous
<br />Materials to or from the Property except for de minimis quantities used at the Property in
<br />27
<br />
|