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to, capital repair or replacement, such as replacing or repairing structural elements,
<br />furniture, fixtures or equipment of the Project that are reasonably required to preserve the
<br />Project. Developer may not withdraw funds from the Replacement Reserve Account for
<br />any other purpose without the prior written approval of the City.
<br />13. NONDISCRIMINATION COVENANTS
<br />13.1 Obligation to Refrain from Discrimination. Developer covenants and
<br />agrees that:
<br />(a) In Use of Property. There shall be no discrimination against or
<br />segregation of any person, or group of persons, on account of race, color, creed, disability,
<br />religion, sex, marital status, national origin, or ancestry in the sale, lease, sublease, transfer,
<br />use, occupancy, tenure or enjoyment of the Property, nor shall Developer or any person
<br />claiming under or through it, establish or permit any such practice or practices of
<br />discrimination or segregation with reference to the selection, location, number, use or
<br />occupancy of tenants, lessees, subtenants, sublessees, or vendors of the Property.
<br />(b) In Affordable Housing Restrictions. The foregoing covenant
<br />shall: (a) be included in the Affordability Restrictions on Transfer of Property; (b) run with
<br />the land; and, (c) remain effective for the term of the Agreement (for 55 years).
<br />(c) In Employment. In construction on the Property, Developer shall
<br />not discriminate against any employee or applicant because of race, color, creed, religion,
<br />sex, marital status, disability, national origin, or ancestry. Developer shall take affirmative
<br />action to ensure that applicants are employed, and that employees are treated during
<br />employment, without regard to their race, color, disability, creed, religion, sex, marital
<br />status, disability, national origin, or ancestry.
<br />(d) In all Contracts. Developer shall cause the foregoing covenants to
<br />be inserted in all contracts for any work covered by this Agreement so that such provisions
<br />will be binding upon each contractor for the benefit of City, provided that the foregoing
<br />covenant shall not apply to contracts or subcontracts for standard commercial supplies or
<br />raw materials.
<br />14. ENVIRONMENTAL MATTERS
<br />14.1 Representation and Warranty. Except as disclosed in writing to the City,
<br />Developer has no knowledge: (a) of the presence on, under or about the Property, now or
<br />in the past, of any Hazardous Materials, or of the transportation to or from the Property of
<br />any Hazardous Materials; (b) that asbestos or polychlorinated biphenyls (PCBs) are
<br />contained in or stored on the Property; or, (c) that there are any underground storage tanks
<br />located in, on or under the Property.
<br />14.2 Compliance with Environmental Laws. Developer shall: (a) comply with
<br />all environmental laws and environmental permits applicable to the construction of the
<br />Property; (b) immediately pay or cause to be paid all costs and expenses incurred by reason
<br />of such compliance; (c) keep the Property free and clear of any environmental claims or
<br />55A-41
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