|
the Units. All leasing decisions at the Property shall be made by Owner in its sole discretion,
<br />subject to the City's rights and remedies hereunder with respect to the Affordable Units.
<br />5.2 Notice of Ex iration of Term.
<br />Notwithstanding the fact that the Owner has not received a public subsidy, the Owner
<br />agrees and acknowledges that the City is nonetheless requiring that the Owner comply with the
<br />twelve- and six-month noticing requirements of Government Code Section 65863.10 or any
<br />successor statute thereto. The Owner shall also file a copy of any notices sent by the Owner
<br />pursuant to this Section with the City Executive Director.
<br />ARTICLE 6
<br />MISCELLANEOUS
<br />6.1 Nondiscrimination.
<br />Owner covenants by and for itself and its successors and assigns that there shall be no
<br />discrimination against or segregation of a person or of a group of persons on account of race,
<br />color, religion, creed, age, disability, sex, sexual orientation, marital status, family status,
<br />ancestry or national origin, HIV/AIDS, or any other arbitrary basis in the construction, sale,
<br />lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall Owner or
<br />any person claiming under or through Owner establish or permit any such practice or practices of
<br />discrimination or segregation with reference to the selection, location, number, use or occupancy
<br />of tenants, lessees, subtenants, sublessees or vendees in the Property.
<br />6.2 Term.
<br />The provisions of this Agreement will apply to the Property for the entire Term;
<br />provided, the provisions of Section 4.2(b) (1), and (2) above may be terminated at Owner's
<br />election concurrently with any conveyance of the Property to any successor owner. Subject to
<br />the foregoing, this Agreement shall bind any successor, heir or assign of Owner, whether a
<br />change in interest occurs voluntarily or involuntarily, by operation of law or otherwise, except as
<br />expressly released by the City.
<br />6.3 Covenants RLItllliilg witll the Land.
<br />The City and Owner hereby declare their express intent that the covenants and
<br />restrictions set forth in this Agreement shall apply to and bind Owner and its heirs, executors,
<br />administrators, successors, transferees, and assignees having or acquiring any right, title or
<br />interest in or to any part of the Property and shall run with and burden such portions of the
<br />Property until the end of the Term. Until all or portions of the Property are expressly released
<br />from the burdens of this Agreement, each and every contract, deed or other instrument hereafter
<br />executed covering or conveying the Property or any portion thereof shall be held conclusively to
<br />have been executed, delivered, and accepted subject to such covenants and restrictions,
<br />regardless of whether such covenants or restrictions are set forth in such contract, deed, or other
<br />instrument.
<br />6.4 Indemnification.
<br />REV: 09-29-2020 VR
<br />ATTY/AGR.2020.215/Stanford - Cardinal Apartments (Page 10 of 16)
<br />
|