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<br />35 <br />The Crossroads at Washington <br />City HOME Loan Agreement <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 the 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 /> <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, and except for the Existing Hazardous Materials (as such term is defined in the <br />Ground Lease) Developer has no knowledge: (a) of the presence on, under or about the <br />Property, now or in the past, of any Hazardous Materials in violation of applicable law, or <br />of the transportation to or from the Property of any Hazardous Materials; (b) that asbestos <br />or polychlorinated biphenyls (PCBs) are contained in or stored on the Property; or, (c) that <br />there are any underground storage tanks 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 />liens imposed pursuant to any 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 />with all applicable environmental laws and required in connection with the routine <br />construction, operation and maintenance of the Property. <br />14.4. Notice of Environmental Matters. Developer shall immediately advise <br />EXHIBIT 5