Laserfiche WebLink
compliance with all applicable environmental laws and required in connection with the <br />routine operation and maintenance of the Property. <br />12.4 Notice of Environmental Matters. Developer shall immediately advise <br />City in writing of any of the following: (a) any pending or threatened environmental <br />claim against Developer or the Property, (b) any condition or occurrence that (i) results in <br />noncompliance with any applicable environmental law, (ii) could reasonably be <br />anticipated to cause the Property to be subject to any restrictions on the ownership, <br />occupancy, use or transferability of the Property under any environmental Law, or (iii) <br />could reasonably be anticipated to form the basis of an environmental claim against the <br />Property or Developer. <br />12.5 Environmental Indemnification by the Developer. Developer agrees to <br />defend, indemnify and hold harmless the City and their respective officers, directors, <br />employees and agents (collectively the "Indemnitees ") from and against any and all <br />obligations (including removal and remediation), losses, claims (including third party <br />claims), suits, judgments, liabilities, penalties, damages (including consequential and <br />punitive damages), costs and expenses (including consultants, and attorneys' fees) of <br />whatever kind or nature whatsoever that may at any time be incurred by, imposed on, or <br />asserted against the Indemnitees directly or indirectly based on, or arising or resulting <br />from the actual or alleged presence of Hazardous Materials on the Property. <br />13. OTHER AFFIRMATIVE COVENANTS <br />While any obligation of Developer under the City Loan Note or Deed of Trust <br />remain outstanding, the following provisions shall apply, except to the extent that <br />Executive Director otherwise consents in writing: <br />13.1 Existence. Developer's managing general partner (OHDC) shall maintain its <br />existence in good standing under the laws of the State of California, and Developer shall <br />provide documentation of such status annually to the City. <br />13.2 Protection of Lien. Developer shall maintain the 'lien of the City Deed of Trust <br />as a valid second priority deed of trust on the Property and take all actions, and execute <br />and deliver to City all documents, reasonably required by City from time to time in <br />connection therewith. <br />13.3 Notice of Certain Matters. Developer shall give notice to City, within ten (10) <br />days of Developer's learning thereof, of each of the following: <br />(a) any filed litigation or claim affecting or relating to the Property <br />and involving an amount in excess of $5,000; and any litigation or claim that might <br />subject Developer or any general partner to liability in excess of $5,000, whether <br />covered by insurance or not; <br />(b) any dispute between Developer and a Governmental Authority <br />relating to the Property, the adverse determination of which might materially affect the <br />Property; <br />27 <br />