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<br />
<br />Project. Developer may not withdraw funds from the Replacement Reserve Account for
<br />any other purpose without the prior written approval of the Agency.
<br />
<br />13. NONDISCRIMINATION COVENANTS
<br />
<br />13.1 Obligation to Refrain from Discrimination. Developer covenants and
<br />agrees that:
<br />
<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,
<br />disability, religion, sex, marital status, national origin, immigration status, or ancestry in
<br />the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property,
<br />nor shall Developer or any person claiming under or through it, establish or permit any
<br />such practice or practices of discrimination or segregation with reference to the selection,
<br />location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendors
<br />of the Property.
<br />
<br />(b) In Affordable Housing Restrictions. The foregoing covenant
<br />shall (a) be included in the Affordability Restrictions on Transfer of Property, (b) run
<br />with the land, and (c) remain effective for the term of the agreement (for 55 years).
<br />
<br />(c) In Employment. In construction on the Property, Developer shall
<br />not discriminate against any employee or applicant because of race, color, creed, religion,
<br />sex, marital status, disability, national origin, immigration status, or ancestry. Developer
<br />shall take affirmative action to ensure that applicants are employed, and that employees
<br />are treated during employment, without regard to their race, color, disability, creed,
<br />religion, sex, marital status, disability, national origin, immigration status, or ancestry.
<br />
<br />(d) In all Contracts. Developer shall cause the foregoing covenants
<br />to be inserted in all contracts for any work covered by this Agreement so that such
<br />provisions will be binding upon each contractor for the benefit of Agency, provided that
<br />the foregoing covenant shall not apply to contracts or subcontracts for standard
<br />commercial supplies or raw materials.
<br />
<br />14. ENVIRONMENTAL MATTERS
<br />
<br />14.1 Representation and Warranty. Except as disclosed in writing to the
<br />Agency, Developer has no knowledge (a) of the presence on, under or about the Property,
<br />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
<br />(PCBs) are contained in or stored on the Property, or (c) that there are any underground
<br />storage tanks located in, on or under the Property.
<br />
<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 />EXHIBIT 3
<br />3-39
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