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(h) If the Developer re -syndicates the tax credit financing any time
<br />during the HOME -ARP Compliance Period, the City, at the City's sole and absolute
<br />discretion, shall require the Developer to either: (i) allow the HOME -ARP Subsidy
<br />Reserve to remain with the Property; or (ii) repay any amounts remaining in the HOME -
<br />ARP Subsidy Reserve as of the date of the re -syndication to the City.
<br />(i) Net operating income resulting from the HOME -ARP Subsidy
<br />Reserve is not permitted and is prohibited by this Agreement.
<br />Section 13. NONDISCRIMINATION COVENANTS
<br />13.1. Obligation to Refrain from Discrimination. Developer covenants and
<br />agrees that:
<br />(a) In Use of Property. There shall be no discrimination against or
<br />segregation of any person, or group of persons, on account of race, color, creed, religion,
<br />sex, mental or physical disability, marital status, national origin, or ancestry in the sale,
<br />lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall
<br />Developer or any person claiming under or through it, establish or permit any such practice
<br />or practices of discrimination or segregation with reference to the selection, location,
<br />number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendors of the
<br />Property.
<br />(b) In Affordable Housing Restrictions. The foregoing covenant shall:
<br />(a) be included in the Affordability Restrictions on Transfer of Property; (b) run with the
<br />land; and, (c) remain effective for the Term of Agreement.
<br />(c) In Employment. In construction of the Property, Developer shall
<br />not discriminate against any employee or applicant because of race, color, creed, religion,
<br />sex, marital status, mental or physical disability, national origin, or ancestry. Developer
<br />shall take affirmative action to ensure that applicants are employed, and that employees are
<br />treated during employment, without regard to their race, color, creed, religion, sex, marital
<br />status, national origin, or ancestry.
<br />(d) In all Contracts. Developer shall cause the foregoing covenants to
<br />be inserted in all contracts for any work covered by this Agreement so that such provisions
<br />will be binding upon each contractor and subcontractor for the benefit of City, provided
<br />that the foregoing covenant shall not apply to contracts or subcontracts for standard
<br />commercial supplies or raw materials.
<br />Section 14. ENVIRONMENTAL MATTERS
<br />14.1. Representation and Warranty. Except as disclosed in writing to the City
<br />including the Environmental Reports prepared on behalf of Developer and delivered to the
<br />City, Developer has no knowledge: (a) of the presence on, under or about the Property,
<br />now or in the past, of any Hazardous Materials in violation of applicable law, or of the
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<br />WISEPLace Pennanent Supportive Housing
<br />City HOME -ARP Loan Agreement
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