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costs, charges and interest. Nothing herein shall prevent the Owner from applying for a property
<br />tax exemption pursuant to Revenue and Taxation Code Section 214(g).
<br />4.3 Nondiscrimination.
<br />(a) All of the Affordable Units shall be available for occupancy on a
<br />continuous basis to members of the general public who are income eligible. Owner shall not give
<br />preference to any particular class or group of persons in renting the Affordable Units, except to the
<br />extent that the Units are required to be leased to Very Low -Income Households or Low Income
<br />Households and the pivferences set forth in Section 2.4(c). There shall be no discrimination against, or
<br />segregation of, any person or group of persons on account of race, color, creed, religion, sex, sexual
<br />orientation, marital status, national origin, source of income (e.g., SSI), ancestry, veterans status,
<br />or disability, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of any
<br />Affordable Unit; nor shall the Owner or any person claiming under or through the Owner, establish
<br />or permit any such practice or practices of discrimination or segregation with reference to the
<br />selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or
<br />vendees of any Affordable Unit or in connection with the employment of persons for the
<br />construction, operation and management of any Affordable Unit.
<br />(b) Disabled_ Persons Occupancy. The Development shall be constructed and
<br />operated at all times in compliance with the provisions of: (1) the Unruh Act; (2) the California
<br />Fair Employment and Housing Act; (3) the United States Fair Housing Act, as amended; and (4)
<br />any other applicable law or regulation (including the Americans With Disabilities Act). The Owner
<br />agrees to indemnify, protect, hold harmless and defend (with counsel reasonably satisfactory to
<br />the City) the City, and its council members, officers, employees, agents and assigns from all suits,
<br />actions, claims, causes of action, costs, demands, judgments and liens arising out of the Owner's
<br />failure to comply with applicable legal requirements related to housing for persons with
<br />disabilities. The provisions of this subsection shall survive expiration of the Term or other
<br />termination of this Agreement and shall remain in full force and effect.
<br />4.4 Insurance Requirements. For the entire Term, the Owner or its successors and
<br />assigns acquiring title to the Development shall obtain, at their expense, commercial general
<br />liability insurance for Development, naming the City as an additional named insured with limits
<br />of not less than Two Million Dollars ($2,000,000) per occurrence. If the submitted policies contain
<br />aggregate limits, such limits will apply separately to the Property, or the aggregate will be twice
<br />the required per occurrence limit. The General Liability policy will have comprehensive coverage
<br />for bodily injury and death and property damage, including coverages for contractual liability and
<br />products and completed operations, purchased by Owner or its successors or assigns from an
<br />insurance company duly licensed to engage in the business of issuing such insurance in the State
<br />and delivered to the City prior to the issuance of any building permit for any portion of the
<br />Affordable Units. Insurance shall be placed with insurers with a current A.M. Best's rating of no
<br />less than A: VII.
<br />(a) Prior to commencement of construction, Owner or its successors and
<br />assigns acquiring title to the Property shall furnish City with certificates of insurance in form
<br />acceptable to City evidencing the required insurance coverage and duly executed endorsements
<br />evidencing such additional insured status. The certificates shall contain a statement of obligation
<br />on the part of the carrier to notify City of any material adverse change, cancellation, termination
<br />or non -renewal of the coverage at least thirty (30) days in advance of the effective date of any such
<br />REV: 04-03-25 LF
<br />ATTY/AGR.2025.060/112 Vera Ave., L.P. (REGULATORY AGREEMENT & RESTRICTIVE COVENANTS) (Page 11 of 22)
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