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(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 I 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 conformity 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 />5.21 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
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