|
(iv) If the work or improvements fail to fulfill the requirements of the Creekside Trail
<br /> Improvement Agreement, Developer shall, without unreasonable delay, and without cost to the
<br /> City, repair, replace or reconstruct any defective or otherwise unsatisfactory components of such
<br /> work and improvements to the satisfaction of the City Engineer; and
<br /> (v) Developer shall dedicate to City a public access easement, in a form acceptable to the
<br /> City, over that portion of Fee Parcel A 1 that is improved with the Creekside Trail.
<br /> 5.23 Maintenance. Commencing upon Developer's acquisition of the Property,
<br /> Developer shall at its own expense, maintain the Property and the Improvements, including the
<br /> landscaping and common areas, in good physical condition, in good repair, and in decent, safe,
<br /> sanitary, habitable and tenantable living conditions in confonnity with all Applicable Laws. Without
<br /> limiting the foregoing, Developer agrees to maintain the Property and the Improvements (including
<br /> without limitation, landscaping, driveways, parking areas, and walkways) in a condition free of all
<br /> waste, nuisance, debris, unmaintained landscaping, graffiti, disrepair, abandoned
<br /> vehicles/appliances, and illegal activity, and shall take all reasonable steps to prevent the same
<br /> from occurring on the Property. Developer shall prevent and/or rectify any physical
<br /> deterioration of the Improvements and shall make all repairs, renewals and replacements
<br /> necessary to keep the Property and the Improvements in good condition and repair.
<br /> 5.24 Taxes and Assessments. Commencing upon Developer's acquisition of the
<br /> Property, Developer shall pay all real and personal property taxes, assessments and charges and all
<br /> franchise, income, payroll, withholding, sales, and other taxes assessed against the Property and/or
<br /> the Improvements, at such times and in such manner as to prevent any penalty from accruing, or
<br /> any lien or charge from attaching to the Property or Improvements; provided, however, Developer
<br /> shall have the right to contest in good faith, any such taxes, assessments, or charges. In the event
<br /> the Developer exercises its right to contest any tax, assessment, or charge, the Developer, on final
<br /> determination of the proceeding or contest, shall immediately pay or discharge any decision or
<br /> judgment rendered against it, together with all costs, charges and interest.
<br /> 5 .25 Obligation to Refrain from Discrimination. Developer shall not restrict the rental,
<br /> sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property or the Project,
<br /> or any portion thereof, on the basis of race, color, religion, creed, sex, sexual orientation, disability,
<br /> marital status, ancestry, or national origin of any person. Developer covenants for itself and all
<br /> persons claiming under or through it, and this Agreement is made and accepted upon and subject to
<br /> the condition that there shall be no discrimination against or segregation of any person or group of
<br /> persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government
<br /> Code, as those bases are defined in Sections 12926, 12926. 1 , subdivision (m) and paragraph (1 ) of
<br /> subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease,
<br /> sublease, transfer, use, occupancy, tenure or enjoyment of the Property or the Improvements, or
<br /> part thereof, nor shall Developer or any person claiming under or through Developer establish or
<br /> permit any such practice or practices of discrimination or segregation with reference to the
<br /> selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees
<br /> in, of, or for the Property or Improvements, or part thereof Developer shall include such provision
<br /> in all deeds, leases, contracts and other instruments executed by Developer, and shall enforce the
<br /> same diligently and in good faith.
<br /> ATY/AGR/2017.218/RWC — BRADFORD — DDA
<br /> REV: 09-18-17 VR
<br /> Page 21 of 94
<br />
|