Agmt 2007 Estabrook Senior Housing LP etc

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to enter upon the Property and perform all acts and work necessary to protect, maintain, and preserve the improvements and the landscaped areas on the Property. All costs expended by Agency and/or City in connection with the foregoing, shall constitute an indebtedness secured by the Agency Deed of Trust and/or City Deed of Trust, and shall be paid by Owner to Agency and/or City upon demand. All such sums remaining unpaid thirty (30) days following delivery of Agency's and/or City's invoice therefor shat! bear interest at the rate of 10% per annum. 6.4 Marketing and Management Plan. Not later than six (6) months following issuance of building permits for the Project, Owner shall submit for Agency and City review and approval, a plan for marketing and managing the Property ("Marketing and Management Plan"). The Marketing and Management Plan shall address in detail how Owner plans to market the Restricted Units to prospective Eligible Households in accordance with fair housing laws and this Agreement, Owner's tenant selection criteria, and how Owner plans to certify the eligibility of Eligible Households. In renting Restricted Units, Owner shall give first preference to residents of the City of San Leandro, City or school district employees, and persons employed in the City of San Leandro unless compliance with the foregoing criteria is prohibited by law or by Project financing sources. The Plan shall also describe the management team and shall address how the Owner and the management entity plan to manage and maintain the Property and the Project. The Plan shall include the proposed management agreement and the form of rental agreement that Owner proposes to enter into with Project tenants. Owner shall abide by the terms of the Marketing and Management Plan in marketing, managing, and maintaining the Property and the Project, and throughout the term of this Agreement, shall submit proposed modifications to Agency and City for their review and approval. 6.5 Approval of Amendments. If Agency and/or City have not responded to any submission of the Management and Marketing Plan, the proposed management entity, or a proposed amendment or change to any of the foregoing within 30 days following Agency's and/or City's receipt of such plan, proposal or amendment, the plan, proposal or amendment shall be deemed approved by Agency and/or City. 6.6 Fees, Taxes, and Other Levies. Owner shall be responsible for payment of all fees, assessments, taxes, charges, liens and levies, including without limitation possessory interest taxes, if applicable, imposed by any public entity, authority or utility company with respect to the Property or the Project, and shall pay such charges prior to delinquency. However, Owner shall not be required to pay any such charge so long as (a) Owner is contesting such charge in good faith and by appropriate proceedings, (b) Owner maintains reserves adequate to pay any contested liabilities, and (c) on final determination of the proceeding or contest, Owner immediately pays or discharges any decision or judgment rendered against it, togefiher with all costs, charges and interest. Nothing in this Section 6.6 shall prevent Owner from applying for all applicable tax exemptions including the welfare exemption from property tax for low-income housing. 6.7 Insurance Coverage. Prior to issuance of building permits for the Project, 956619-4 11