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iWa:11:111PA <br />(a) Any disbursed Grant amounts not already expended for development and <br />construction shall become immediately due and payable by Developer back to City, in the <br />event of any of the following: <br />(1) Failure to complete the Project within two (2) years of the date of the first <br />disbursement, unless extended due to Force Majeure delays; <br />(2) Violation of any of the use covenants and restrictions contained in this <br />Agreement after the expiration of any applicable notice and cure periods; or, <br />(3) An Event of Default by Developer, which is not timely cured after <br />expiration of any applicable notice and cure periods pursuant to the terms of this Agreement. <br />4.11 Costs and Fees. Developer shall pay all recording fees and charges on any <br />document recorded pursuant to this Agreement. <br />5. USE AND MAINTENANCE OF THE PROPERTY <br />5.1 Reserved. <br />5.2 Reserved. <br />5.3 Maintenance of the Property. During construction of the homes, solely at <br />Developer's expense, Developer agrees to maintain the Property in a clean and orderly <br />condition and in good condition and repair and keep the Property free from any accumulation <br />of debris and waste materials. If at any time Developer fails to maintain, or cause to be <br />maintained, the Property as required by this section, and said condition is not corrected after <br />the expiration of a reasonable period of time not to exceed thirty (30) days from the date of <br />written notice from the City, unless such condition cannot reasonably be cured within thirty <br />(30) days, in which case Developer shall have such additional time as reasonably necessary <br />to complete such cure, the City may perform the necessary maintenance and Developer shall <br />pay all reasonable costs incurred for such maintenance. Following the Certificate of <br />Completion for construction of the homes, the Property maintenance shall be governed by the <br />provisions of the Ground Leases and Affordability and Maintenance Restrictions. <br />5.4 Obligation to Refrain from Discrimination. Developer covenants and agrees <br />for itself, its successors, its assigns and every successor in interest to the Property or any part <br />thereof, that there shall be no discrimination against or segregation of any person or group of <br />persons on account of race, color, creed, disability, religion, sex, marital status, ancestry or <br />national origin in the development and construction of the Property nor shall Developer itself <br />or any person claiming under or through him establish or permit any such practice or practices <br />of discrimination or segregation with reference to the development and construction of the <br />Property. The foregoing covenants shall run with the land and shall remain in effect until <br />termination of the Agreement. Following the Certificate of Completion for construction of <br />the homes, the Developer's obligation to refrain from discrimination shall be governed by the <br />provisions of the Ground Leases and Affordability and Maintenance Restrictions. <br />10 <br />