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(b) In Affordable Housing Restrictions. The foregoing covenant shall (a) be
<br />included in the Affordability Restrictions on Transfer of Property, (b) run with the land, and (c)
<br />remain effective for the term of the contract (for 55 years).
<br />(c) In Employment. In construction on the Property, Developer shall not
<br />discriminate against any employee or applicant because of race, color, creed, religion, sex,
<br />marital status, disability, national origin, or ancestry. Developer shall take affirmative action to
<br />ensure that applicants are employed, and that employees are treated during employment, without
<br />regard to their race, color, disability, creed, religion, sex, marital status, disability, national
<br />origin, or ancestry.
<br />(d) In all Contracts. Developer shall cause the foregoing covenants to be inserted
<br />in all contracts for any work covered by this Agreement so that such provisions will be binding
<br />upon each contractor for the benefit of City, provided that the foregoing covenant shall not apply
<br />to contracts or subcontracts for standard commercial supplies or raw materials.
<br />14. ENVIRONMENTAL MATTERS
<br />14.1 Representation and Warranty. Except as disclosed in writing to the City, Developer
<br />has no knowledge (a) of the presence on, under or about the Property, now or in the past, of any
<br />Hazardous Materials, or of the transportation to or from the Property of any Hazardous
<br />Materials, (b) that asbestos or polychlorinated biphenyls (PCBs) are contained in or stored on the
<br />Property, or (c) that 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 all
<br />environmental laws and environmental permits applicable to the construction of the Property, (b)
<br />immediately pay or cause to be paid all costs and expenses incurred by reason of such
<br />compliance, (c) keep the Property free and clear of any environmental claims or liens imposed
<br />pursuant to any environmental law, and (d) obtain and renew all environmental permits required
<br />for ownership or use of the Property.
<br />14.3 Presence of Hazardous Materials. Developer shall not, and shall not permit anyone else
<br />to, generate, use, treat, store, handle, release, or dispose of Hazardous Materials on the Property,
<br />or transport or permit the transportation of Hazardous Materials to or from the Property except
<br />for de minimis quantities used at the Property in compliance with all applicable environmental
<br />laws and required in connection with the routine operation and maintenance of the Property.
<br />14.4 Notice of Environmental Matters. Developer shall immediately advise City in writing of
<br />any of the following: (a) any pending or threatened environmental claim against Developer or the
<br />Property, (b) any condition or occurrence that (i) results in noncompliance with any applicable
<br />environmental law, (ii) could reasonably be anticipated to cause the Property to be subject to any
<br />restrictions on the ownership, occupancy, use or transferability of the Property under any
<br />environmental law, or (iii) could reasonably be anticipated to form the basis of an environmental
<br />claim against the Property or Developer.
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<br />25B -33
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