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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 />2. Employment. In performing its obligations under this Agreement,
<br />Developer shall not discriminate because of race, color, creed, religion, sex, marital
<br />status, sexual orientation, age, national origin, ancestry, or disability, as defined and
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<br />39B-23
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