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City Dr�ft <br /> b/28/13 <br /> whose offices are located or who reside within the City of Redwood City. The City sha11 have <br /> the right to review any bid process that may be employed by the Developer to ensure compliance <br /> with the foregoing. The Developer shall provide the City with all information the City requests <br /> regarding any such bid process. It'Developer, after using its good faith reasonable et�'orts to seek <br /> bids from local contractors and consultants, hires other contractars or consultants, Developer <br /> shall not be c�eemed to be in default of this Agxeement. Upon the issuance of a Certificate of <br /> Cornpletion for the Project, this Section 5.3 shall be of no further force or effect. Nothing in ttiis <br /> Section 5.3 shall be construed to provide any rights to local contractors or consultants as third- <br /> party beneficiaries. <br /> 5.4 Taxable Sales. The Developer sha1l use commercially reasonable efforts #o <br /> ensure that the City is the point of sale far a11 taxable sales used in or on the Project, to the extent <br /> permitted under the Bradley-Burns Uniform Sales and Use Tax Law (commencing with Section <br /> 7200 of the California Revenue and Taxation Code), or any successor Iaw. Upon the issuance of <br /> a Certifica�e of Completion for the Project,this Section 5.4 shall be of no fiu-ther force or effect. <br /> 5.5 Obligation to Refrain fram Discriminatioz�. The Developer covenants and <br /> agrees for itself, its successors, its assigns azid every successor-in-interest to aIl or any portion of <br /> the Site, that there sha11 be no discrimination against or se�egation of any Person, or group of <br /> Pe�rsons, on account of gender, sexual orientation, marital status, race, color, religion, creed, <br /> national origin or ancestry iux the sale, lease, sublease, transfer, use, occupancy, tenure or <br /> enjoyment of the Site nor sha11 the Developer, itself or any Person claiming under ar through it, <br /> establish or permit any such practice or practices of discrimination ox segregation with reference <br /> to the selection, location, number, use or occupancy of purchasers, tenants, lessees, sub-tenants, <br /> sub-lessees or vendees of the Si�e. The covenant of this Section 5.5 sha.11 be a co�renant running <br /> witt�the land and binding on successive owners of all or any portion of the Site in perpehuty. <br /> 5.6 Survival and Enfarcement of Speci�l Deve2opment Coven�nts. <br /> 5.6.1 Covenants Running with the Land. Each of tl�e special development <br /> covenants set forth in this ART�CLE 5 touch and concern the Site and cons�itute covenants <br /> running with the land and binding upon successive owners of the Site foz the time period set <br /> forth in each specif c covenant. <br /> 5.6.2 Suivival. Each such special development covenalat shall survive the <br /> Close of Escrow, execution and recordat�on of the City Deed and issuance and recordation of <br /> each and every document related to conveyance of the City Properly or construction ox <br /> installation of the Project on the Site, for the time period specifically set forth in eacb such <br /> special c�evelopment covenant. <br /> 5.6.3 Enforcement. These special developrnent covenants may be enforced <br /> by the City regardless of whether the City currently owns or continues to own an interest in any <br /> property benefited by any such covenants. The Developer irrevocably stipulates and agrees that <br /> breach of any of the special developrnent covenants set forth in this ARTICLE 5 will result in <br /> gxeat and irreparable damage to the City, and wilI result in damages to the City that are either <br /> impracticable or extremely difficult to quantify. Accordingly, upon the breach of any special <br /> 82483.000091757!312.]0 41 <br />