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7.1.3 Graffiti. Graffiti, as defined in Government Code Section 38772, that has
<br />been applied to the interior of the Parking Structure, or to any exterior surface of a structure or
<br />improvement on the Property, that is visible from any public right-of-way adjacent or contiguous
<br />to the Property, shall be removed by the Developer by either painting over the evidence of such
<br />vandalism with a paint that has been color -matched to the surface on which the paint is applied or
<br />removed with solvents, detergents or water, as appropriate. If any such graffiti is not removed
<br />within seventy-two (72) hours following the time of the discovery of the graffiti, the City shall
<br />have the right to enter the Property and remove the graffiti, without Notice to the Developer. Any
<br />sum expended by the City for the removal of graffiti Property pursuant to this Section 7.1 shall be
<br />reimbursed to the City by the Developer, within thirty (30) calendar days after written demand for
<br />payment from the City. Any amount expended by the City for the removal of graffiti pursuant to
<br />this Section 7.1 that is not reimbursed to the City by the Developer within thirty (30) calendar days
<br />after written demand to the Developer for such reimbursement, shall accrue interest at the lesser
<br />of: (i) the rate of ten percent (10%) per annum or (ii) the Usury Limit, until paid in full.
<br />7.1.4 Lien Riehts. The obligations of the Developer and its successors and
<br />assigns under this Section 8.1 shall be secured by a lien against the Property. The Developer
<br />hereby grants to the City a security interest in the Property with the power to establish and enforce
<br />a lien or other encumbrance against the Property, in the manner provided in Civil Code Sections
<br />2924, 2924b and 2924c, to secure the obligations of the Developer and it successors under this
<br />Section 7.1, including the reasonable attorneys' fees and costs of the City associated with the
<br />abatement of a Maintenance Deficiency or removal of graffiti. The recordation of the City Deed
<br />and the Notice of Agreement shall provide record Notice of such security interest in favor of the
<br />City.
<br />7.1.5 Covenant Running with the Land. The covenant of this Section 8.1 shall be
<br />a covenant running with the land of the Property, binding successive owners of the Property,
<br />throughout the Covenant Period, and shall be enforceable by the City.
<br />7.2 Obligation to Refrain from Discrimination. The Developer covenants and agrees
<br />for itself, its successors, its assigns and every successor -in -interest to all or any portion of the
<br />Property, that there shall be no discrimination against or segregation of any Person, or group of
<br />Persons, on account of gender, sexual orientation, marital status, race, color, religion, creed,
<br />national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or
<br />enjoyment of the Property nor shall the Developer, itself or any Person claiming under or through
<br />it, establish or permit any such practice or practices of discrimination or segregation with reference
<br />to the selection, location, number, use or occupancy of purchasers, the Developers, lessees, sub -
<br />the Developers, sub -lessees or vendees of the Property. The covenant of this Section 7.2 shall be
<br />a covenant running with the land of the Property and binding on successive owners of all or any
<br />portion of the Property, until the City issues the last Certificate of Completion for the Project.
<br />7.3 Form of Non-discrimination and Non -segregation Clauses. The Developer
<br />covenants and agrees for itself, its successors, its assigns, and every successor -in -interest to all or
<br />any portion of the Property, that the Developer, such successors and such assigns shall refrain from
<br />restricting the sale, lease, sublease, rental, transfer, use, occupancy, tenure or enjoyment of all or
<br />any portion of the Property on the basis of gender, sexual orientation, marital status, race, color,
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<br />Form Of Notice Of Agreement
<br />55394.00049\33239203, 10
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