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and such notice must be given in conformance with California Civil Code Section 1946.1(b). Any
<br />termination of a lease for a default of the Resident shall be in accordance with applicable law.
<br />Section 6.3 Nondiscrimination.
<br />(a) All the Affordable Units shall be available for occupancy on a continuous
<br />basis to members of the general public who are income eligible. Affordable Developer shall not
<br />give preference to any particular class or group of persons in renting the Affordable Units, except
<br />to the extent that the Affordable Units are required to be leased to income eligible households
<br />pursuant to this Agreement. There shall be no discrimination against, or segregation of, any person
<br />or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status,
<br />national origin, source of income (e.g., SSI), ancestry, or disability, in the leasing, subleasing,
<br />transferring, use, occupancy, tenure, or enjoyment of any Affordable Unit; nor shall the Affordable
<br />Developer or any person claiming under or through the Affordable Developer, establish or permit
<br />any such practice or practices of discrimination or segregation with reference to the selection,
<br />location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of any
<br />Affordable Unit or in connection with the employment of persons for the construction, operation
<br />and management of any Affordable Unit.
<br />(b) Disabled Persons Occupana. To the extent such laws are applicable to the
<br />Property, the Affordable Development shall be constructed and operated at all times in compliance
<br />with the provisions of: (1) the Unruh Act; (2) the California Fair Employment and Housing Act;
<br />(3) Section 504 of the Rehabilitation Act of 1973; (4) the United States Fair Housing Act, as
<br />amended; and (5) any other applicable law or regulation (including the Americans With
<br />Disabilities Act). The Affordable Developer agrees to indemnify, protect, hold harmless and
<br />defend (with counsel reasonably satisfactory to the City) the City, and its council members,
<br />officers, employees, agents and assigns from all suits, actions, claims, causes of action, costs,
<br />demands, judgments and liens arising out of the Affordable Developer's failure to comply with
<br />applicable legal requirements related to housing for persons with disabilities. The provisions of
<br />this subsection shall survive expiration of the Term or other termination of this Agreement and
<br />shall remain in full force and effect.
<br />Section 6.4 Term. The provisions of this Agreement shall apply to the Affordable Site
<br />for the entire Term. This Agreement shall bind any successor, heir or assign of Affordable
<br />Developer, whether a change in interest occurs voluntarily or involuntarily, by operation of law or
<br />otherwise, except as expressly released by City.
<br />Section 6.5 Indemnification.
<br />(a) To the full extent permitted by law, Affordable Developer shall indemnify,
<br />defend at its own expense, and hold the City and its elected officials, officers, employees and
<br />agents in their official capacity (collectively "Indemnitees") harmless against any and all claims,
<br />suits, actions, losses, and liability of every kind, nature and description made against it and
<br />expenses (including reasonable attorneys' fees) which arise out of or in connection with this
<br />Agreement, including but not limited to the execution and enforcement of this Agreement,
<br />marketing and operation of the Affordable Development, except to the extent such claim arises
<br />ATTY/AGR/2024.193.1—AFFORDABLE HOUSING LAND DONATION AGREEMENT — EXHIBITG— RESTRICTIVE COVENANTS AGR
<br />REV: 10-22-24 VR
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