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of reentry and possession, less (b) any gains or income withdrawn or made by the
<br />Developer from the Sites or the improvements thereon.
<br />Any balance remaining after such reimbursements shall be retained by the Agency as its
<br />property. The rights established in this Section 3 are not intended to be exclusive of any
<br />other right, power or remedy, but each and every such right, power, and remedy shall be
<br />cumulative and concurrent and shall be in addition to any other right, power and remedy
<br />authorized herein or now or hereafter existing at law or in equity. These rights are to be
<br />interpreted in light of the fact that the Agency will have conveyed the Site to the Developer
<br />for redevelopment purposes, particularly for development of affordable housing and
<br />appurtenant uses, and not for speculation in undeveloped land.
<br />4. Pursuant to section 33436(a) of the California Health & Safety Code, Grantee herein
<br />covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns,
<br />and all persons claiming under or through them, that there shall be no discrimination against or
<br />segregation of, any person or group of persons on account of race, color, creed, religion, sex,
<br />marital status, national origin, disability, or ancestry in the sale, lease, sublease, transfer, use,
<br />occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the Developer or any
<br />person claiming under or through him or her, establish or permit any such practice or practices of
<br />discrimination or segregation with reference to the selection, location, number, use or occupancy
<br />of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The
<br />foregoing covenants shall run with the land.
<br />5. Grantee hereby covenants and to the Site or any portion thereof or any interest therein
<br />that (1) except as provided in any unrecorded agreement between the parties, Grantee shall take no
<br />action which would cause the Site or any part thereof to become exempt from the payment of the
<br />State ad Valorem property tax, and that, during the construction period, Grantee shall refrain from
<br />contesting the validity or amount of any property tax assessment, tax encumbrance or tax lien or
<br />otherwise taking any action to reduce the amount of the property tax assessment of the Site other
<br />than to correct an erroneous initial calculation of assessed value; and (2) in the event that Grantee
<br />does take any action in violation of the foregoing covenants, then each time thereafter that the
<br />Grantor receives property tax revenues pursuant to Section 33670 of the California Health and
<br />Safety Code which includes or, but for Grantee's action, would include property tax revenue from
<br />the Site, Grantee shall pay to the Grantor the difference between the property tax revenue which the
<br />Grantor would have received from the Site in the absence of such action by Grantee and the
<br />property tax revenue actually received by the Grantor.
<br />6. The covenants established in this Grant Deed shall, without regard to technical
<br />classification and designation, be binding on Grantee and any successor in interest to the Site or any
<br />part thereof for the benefit and in favor of the Grantor, its successors and assigns, and the City of
<br />Santa Ana. The covenant against discrimination contained in Section 4 of this Grant Deed shall
<br />remain in effect in perpetuity. All other covenants contained in this Grant Deed shall remain in
<br />effect no less than forty-five (45) years as described in the Agreement. In no event shall a Grantee
<br />which conveys all or a portion of the Site be liable hereunder for the acts or omissions of a
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