Laserfiche WebLink
(m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government <br />Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises <br />which are the subject of this Agreement, nor shall the grantee or any person claiming under or <br />through him or her, establish or permit any practice or practices of discrimination or segregation with <br />reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, <br />sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the <br />land." <br />1303.2 In Affordable Housing Restrictions. The foregoing covenants shall (a) be <br />included in the Affordability Restrictions, (b) run with the land, and (c) remain effective for the <br />entire Term of Affordability (for not fewer than 55 years). <br />1304. Covenants Remain in Perpetuity. The covenants established in this Article 1300 <br />shall, without regard to technical classification and designation, run with the land and be binding on <br />Developer and any successor in interest to the Property, in favor of Agency and City and their <br />successors and assigns, and shall remain in effect in perpetuity. <br />1400. ENVIRONMENTAL MATTERS <br />1401. Representation and Warranty. Except as Developer has expressly disclosed to <br />Agency and City in writing, Developer has no knowledge (a) of the presence on, under or about the <br />Property, now or in the past, of any Hazardous Materials, or of the transportation to or from the <br />Property of any Hazardous Materials, (b) that asbestos or polychlorinated biphenyls (PCBs) are <br />contained in or stored on the Property, or (c) that there are any underground storage tanks located in, <br />on or under the Property, and (d) Developer has not received any notice or other communication <br />from any Governmental Authority having jurisdiction over the Property notifying Developer of the <br />presence of Hazardous Materials in, on, or under the Property, or any portion thereof. <br />1402. Compliance with Environmental Laws. Developer shall take all necessary <br />precautions to prevent the release into the environment of any Hazardous Materials which are located <br />in, on or under the Property. Such precautions shall include compliance with all Governmental <br />Requirements with respect to Hazardous Materials. In addition, the Developer shall install and <br />utilize such equipment and implement and adhere to such procedures as are consistent with <br />commercially reasonable standards as respects the disclosure, storage, use, removal and disposal of <br />Hazardous Materials. In addition, Developer shall (a) comply with all Environmental Laws and <br />environmental permits applicable to the construction and operation of the Property, (b) immediately <br />pay or cause to be paid all costs and expenses incurred by reason of such compliance, (c) keep the <br />Property free and clear of any environmental claims or liens imposed pursuant to any Environmental <br />Law, and (d) obtain and renew all environmental permits required for ownership or use of the <br />Property. <br />1403. Presence of Hazardous Materials. Developer shall not, and shall not permit anyone <br />else to, generate, use, treat, store, handle, release, or dispose of Hazardous Materials on the Property, <br />or transport or permit the transportation of Hazardous Materials to or from the Property except for de <br />minimis quantities used at the Property in compliance with all applicable Environmental Laws and <br />required in connection with the routine operation and maintenance of the Property. <br />1404. Notice of Environmental Matters. Developer shall notify the Agency/City, and <br />provide to the Agency/City a copy or copies, of all environmental permits, disclosures, applications, <br />46 <br />DOC SOC/ 1469583 v5/200272-0003