TINY TIM LP (C/O COMMUNITY DEVELOPMENT PARTNERS) (2)

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principles applied on a consistent basis or in accordance with such other principles or methods as are reasonably acceptable to City. 12.4 [RESERVED] 12.5 Proiect Operating Budget. Developer must promptly deposit all Gross Revenues (as defined in the Project Note) directly into a segregated depository account established exclusively for the Project ("Project Operating Account") pursuant to the agreement with the property management company. Withdrawals from the Project Operating Account may be made only in accordance with the provisions of this Agreement and the approved Project Budget, as it may be revised from time to time with prior City approval. Developer may make withdrawals from the Project Operating Account solely for the payment of Operating Expenses (as defined in the Project Note). Withdrawals from the Project Operating Account for other purposes may be made only with the prior written approval of the City. Notwithstanding anything to the contrary contained herein, neither capital contributions from the Investor Limited Partner or proceeds from any loans made to the Developer (other than loans to address operating deficits pursuant to the terms of the Partnership Agreement) shall be deposited in the Project Operating Account. 12.6 Replacement Reserve Account. Developer must establish or cause to be established a segregated replacement reserve depository account ("Replacement Reserve Account") no later than the commencement of the permanent financing period for the Project. Developer must make monthly deposits from project income into the Replacement Reserve Account in accordance with Developer's Project Budget, and the requirements of the Senior Lender, as amended from time to time. Developer may withdraw funds from the Replacement Reserve Account solely to fund capital improvements for the Project and as otherwise is permitted under the Senior Loan Documents and including, but not limited to, capital repair or replacement, such as replacing or repairing structural elements, furniture, fixtures or equipment of the Project that are reasonably required to preserve the Project. Developer may not withdraw funds from the Replacement Reserve Account for any other purpose without the prior written approval of the City. 13. NONDISCRIMINATION COVENANTS 13.1 Obligation to Refrain from Discrimination. Developer covenants and agrees that: (a) In Use of Property. There shall be no discrimination against or segregation of any person, or group of persons, on account of race, color, creed, disability, religion, sex, marital status, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall Developer or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendors of the Property. (b) In Affordable Housing Restrictions. The foregoing covenant shall: (a) be included in the Affordability Restrictions on Transfer of Property; (b) run with the land; and, (c) remain effective for the temp of the Agreement (for 55 years).