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<br />evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary
<br />repairs, replacement of capital items, and security. Except as Agency may otherwise agree in
<br />writing, Agency shall have no responsibility for management or maintenance of the Property or
<br />the Proj ect.
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<br />6.2 Management Entity. Agency shall haye the right to review and approve the
<br />qualifications of the management entity proposed by Owner for the Project. The Agency
<br />hereby approves Alameda County Allied Housing Program as the initial management entity for
<br />the Project. The contracting of management services to a management entity shall not
<br />relieve Owner of its primary responsibility for proper performance of management duties.
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<br />6.3 Repair, Maintenance and Security. Throughout the term of this Agreement,
<br />Owner shall at its own expense, maintain the Property and the Project in good physical condition,
<br />in good repair, and in decent, safe, sanitary, habitable and tenantable living conditions in
<br />conformity with all applicable state, federal, and local laws, ordinances, codes, and regulations.
<br />Without limiting the foregoing, Owner agrees to maintain the Project and the Property (including
<br />without limitation, the residential units, common meeting rooms, common areas, landscaping,
<br />driveways and walkways) in a condition free of all waste, nuisance, debris, munaintained
<br />landscaping, graffiti, disrepair, abandoned vehicles/appliances, and illegal activity, and shall take
<br />all reasonable steps to prevent the same from occurring on the Property or at the Project. Owner
<br />shall prevent and/or rectify any physical deterioration of the Property and the Project and
<br />shall make all repairs, renewals and replacements necessary to keep the Property and the
<br />improvements located thereon in good condition and repair. Owner shall provide adequate
<br />security services for occupants ot'the Project. Owner shall maintain adequate operating and
<br />replacement reserves for the Project.
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<br />6.3.1 Agency's Ri~ht to Perform Maintenance. In the event that Owner
<br />breaches any ofthe covenants contained in Section 6.3, and such default continues for a period of
<br />ten (10) days after written notice from Agency or City (with respect to graffiti, debris, and waste
<br />material) or thirty (30) days after written notice from Agency or City (with respect to
<br />landscaping, building improvements and general maintenance), then Agency or City, in addition
<br />to any other remedy either may have under this Agreement or at law or in equity, shall have the
<br />right, but not the obligation, to enter upon the Property and perform all acts and work n~cessary
<br />to protect, maintain, and preserve the improvements and the landscaped areas on the Property.
<br />All costs expended by Agency or City in connection with the foregoing, shall constitute an
<br />indebtedness secured by the Agency Deed of Trust or City Deed of Trust, and shall be paid by
<br />Owner to Agency or City upon demand therefor. All such sums remaining unpaid thirty (30)
<br />days following delivery of Agency's or City's invoice therefor shall bear interest at the rate of the
<br />lesser of 10% per annum or the maximum rate permitted by law.
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<br />6.4 Marketing, Management and Tenant Services Plan. Not later thar. 180 calendar
<br />days following the purchase ofthe Property, Owner shall submit for Agency review and
<br />approval, a plan for marketing and managing the Property, a transition plan for the Four-year
<br />Transition Period, and a plan for the provision of supportive services to Project tenants
<br />("Marketing and Management Plan" or "Plan"). The Marketing and Management Plan shall
<br />address in detail how Owner plans to market the Restricted Units to prospective Eligible
<br />Households in accordance with fair housing laws and this Agreement, Owner's plan to transition
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