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the California Department of Social Services if the applicant receives assistance from either of <br />such agencies, or (6) if the applicant is unemployed and has no such tax return, obtain another <br />form of independent verification. <br />C. Upon written request by Developer, City agrees to determine promptly the Initial <br />Rental Schedule based upon the terms of this Agreement and advise Developer of the Initial <br />Rental Schedule within five (5) days of the issuance of the occupancy permit. <br />D. Developer agrees to accept as tenants on the same basis as all other prospective <br />tenants, very low income tenants who are recipients of federal certificates for rent subsidies <br />pursuant to the existing program under Section 8 of the United States Housing Act of 1937 or its <br />successor, and shall not apply selective criteria to Section 8 certificate holders that are more <br />burdensome than the criteria applied to all other prospective tenants. <br />IV. <br />MISCELLANEOUS <br />A. Covenants Run with the Land. The provisions of this Agreement shall constitute <br />covenants, conditions, and restrictions which shall run with the land, and shall inure to the <br />benefit of and be binding upon the Developer, its successors and assigns in interest as successive <br />owners of the Project, as provided herein. Any sale, transfer, or lease of the Project shall be <br />deemed to be made and accepted upon and subject to the covenants, conditions and restrictions <br />and provisions hereof whether or not referred to in the instrument of sale, transfer or lease. <br />B. Independent Contractor. Developer is, and shall be deemed to be, an independent <br />contractor and not an employee of City and shall not become an agent of City. The City is not a <br />partner, joint venturer, alter-ego, manager, or business associate in this Project. The City is not <br />deemed responsible or liable for any acts, omissions or decisions of Developer, nor is City <br />responsible for any loss or injury of any kind to any person or property arising from any <br />construction or development of the Project. <br />C. Non-Discrimination. <br />1. Leasing. Developer hereby covenants by and for itself, its successors and <br />assigns, that there shall be no discrimination against or segregation of, any person or <br />group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 <br />of the Government Code, as those bases are defined in Sections 12926, 12926. 1, <br />subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section <br />12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, <br />tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person <br />claiming under or through him or her, establish or permit any 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 vendees in the premises herein <br />conveyed. The foregoing covenants shall run with the land. <br />5 <br />39A-21