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<br />EXHIBIT 3 <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, religion, <br />sex, mental or physical disability, marital status, national origin, or ancestry in the sale, <br />lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall <br />Developer or any person claiming under or through it, establish or permit any such practice <br />or practices of discrimination or segregation with reference to the selection, location, <br />number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendors of the <br />Property. <br />(b)In Affordable Housing Restrictions. The foregoing covenant shall: <br />(a) be included in the Affordability Restrictions on Transfer of Property; (b) run with the <br />land; and, (c) remain effective for the Term of Agreement. <br />(c)In Employment. In construction of the Property, Developer shall <br />not discriminate against any employee or applicant because of race, color, creed, religion, <br />sex, marital status, mental or physical disability, national origin, or ancestry. Developer <br />shall take affirmative action to ensure that applicants are employed, and that employees are <br />treated during employment, without regard to their race, color, creed, religion, sex, marital <br />status, 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 and subcontractor for the benefit of City, provided <br />that the foregoing covenant shall not apply to contracts or subcontracts for standard <br />commercial supplies or raw materials. <br />Section 14.ENVIRONMENTAL MATTERS <br />14.1. Representation and Warranty. Except as disclosed in writing to the City <br />including the Environmental Reports prepared on behalf of Developer and delivered to the <br />City, Developer has no knowledge: (a) of the presence on, under or about the Property, <br />now or in the past, of any Hazardous Materials in violation of applicable law, or of the <br />transportation to or from the Property of any Hazardous Materials in violation of applicable <br />law; (b) that asbestos or polychlorinated biphenyls (PCBs) are contained in or stored on <br />the Property; or, (c) that there are any underground storage tanks located in, on or under <br />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) promptly pay or cause to be paid all costs and expenses incurred by reason of <br />such compliance; (c) keep the Property free and clear of any environmental claims or liens <br />imposed pursuant to any applicable environmental law; and, (d) obtain and renew all <br />environmental permits required for ownership or use of the Property. <br />14.3. Presence of Hazardous Materials. Developer shall not, and shall not <br />permit anyone else to, generate, use, treat, store, handle, release, or dispose of Hazardous <br />Materials on the Property, or transport or permit the transportation of Hazardous Materials <br />to or from the Property except for de minimis quantities used at the Property in compliance <br />38 <br />WISEPlace Permanent Supportive Housing <br />City HOME-ARP Loan Agreement