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<br />segregation of any person, or group of persons, on account of
<br />race, color, religion, national origin, sex, age, disability,
<br />mari tal status, sexual preference, creed, ancest ry, medical
<br />condition, Acquired Immune Deficiency Syndrome (AIDS), acquired or
<br />perceived, or retaliation for having filed a discrimination
<br />complaint, in the sale, lease, sublease, transfer, use, occupancy,
<br />tenure or enjoyment of the Property nor shall Owner itself, or any
<br />person claiming under or through it, establish or permit any such
<br />practice or practices of discrimination or segregation with
<br />reference to the selection, location, number, use or occupancy of
<br />tenants, lessees, subtenants, sublessees or vendees of the
<br />Property.
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<br />5. Owner shall file ",'ith City an Annual Report (herein
<br />referred to as the "Annual Peport") within sixty (601 days
<br />following the end of each calendar year, commencing with the end
<br />of the calendar year during which the acquisition of the Property
<br />is completed. The Annual Report shall include, and shall contain
<br />a certification with regard to, the rental rate and the income and
<br />family size of the occupants for each dwelling unit on the
<br />Property who have inhabited the Property during the previous
<br />calendar year. Owner shall obtain the income information required
<br />to be included in the Annual Report from the occupants of the
<br />Property. Any lease or other agreement that Owner requires
<br />occupants of the dwelling units on the Property to execute shall
<br />require the occupants to provide such income information upon the
<br />request of Owner. The Annual Peport shall contain a certification
<br />by Owner as to such other information as the Executive Director of
<br />Community Development or his designee may reasonably require.
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<br />6. In amplification and not in restriction of the
<br />provisions set forth hereinabove, it is intended and agreed that
<br />City shall be deemed a beneficiary of the covenants and agreements
<br />provided hereinabove both for and in its own right and also for
<br />the purposes of protecting the interests of the community. All
<br />covenants without regard to technical classification or
<br />designation shall be binding for the benefi t of City, and such
<br />covenants shall run in favor of City for the entire period during
<br />which such covenants shall be in force and effect, without regard
<br />to w'hether City is or remains an owner of any land or interest
<br />therein to which such covenants relate. Ci ty shall have the
<br />right, in the event of any breach of any such covenant or
<br />agreement, to exercise all the rights and remedies, and to
<br />maintain any actions at law or suits in equity or other proper
<br />proceedings to enforce the curing of such breach of covenant or
<br />agreement.
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<br />7. No violation or breach of the covenants, conditions,
<br />restrictions, provisions or limitations contained in this
<br />Agreement Containing Covenants shall defeat or render invalid or
<br />in any way impair the lien or charge of any mortgage or deed of
<br />trust or security interest on the Property, provided, however,
<br />that any subsequent owner of the Property shall be bound by such
<br />remaining covenants, conditions, restrictions, limitations, and
<br />
<br />Straight Talk Development Agreement
<br />7/18/2007
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