maintenance, landscaping, routine and extraordinary repairs, replacement of capital
<br />items, and security. Agency and City shall have no responsibility for management or
<br />maintenance of the Property or the Project.
<br />6.2 Management Entity. Agency and City shall have the right to review
<br />and approve the qualifications of the management entity proposed by Owner for the
<br />Project. The contracting of management services to a management entity shall not
<br />relieve Owner of its primary responsibility for proper performance of management
<br />duties. Agency and City approve Eden Housing Management, Inc. as the initial property
<br />management entity for the Project.
<br />No later than six (6) months following commencement of Project construction,
<br />Owner shall submit for City and Agency review and approval, a proposed management
<br />contract ("Management Contract"). The Management Contract shall describe the
<br />services to be provided by the management entity, including without limitation, marketing,
<br />tenant qualification and certification, maintenance, and repairs. During the term of this
<br />Agreement, Agency and City shall have the right to review and approve any proposed
<br />amendments to the Management Contract, any new management contracts, and any
<br />rlew management entity proposed for the Project. If City and Agency have not
<br />responded to any submission of the Management Contract, the proposed management
<br />entity, or a proposed amendment or change to any of the foregoing within 20 business
<br />days following Agency and City's receipt of such plan, contract, amendment, or
<br />proposal the plan, contract, amendment or proposal shall be deemed approved.
<br />6.3 _Repair Maintenance and Security. Throughout the term of this
<br />Agreement, Owner shall at its own expense, maintain the Property and the Project in
<br />good physical condition, in good repair, and in decent, safe, sanitary, habitable and
<br />tenantable {iving conditions in conformity with all applicable state, federal, and local laws,
<br />ordinances, codes, and regulations. Without limiting the foregoing, Owner agrees to
<br />maintain the Project and the Property (including without limitation, the residential units,
<br />common areas, landscaping, driveways, parking areas and walkways) in a condition
<br />free of all waste, nuisance, debris, unmaintained landscaping, graffiti, disrepair,
<br />abandoned vehicles/appliances, and illegal activity, and shalt take all reasonable steps
<br />to prevent the same from occurring on the Property or at the Project. Owner shall
<br />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
<br />and the improvements located thereon in good condition and repair. Owner shall
<br />provide adequate security services for occupants of the Project.
<br />6.3.1 Rights of Agency and City to Perform Maintenance. In the event
<br />that Owner breaches any of the covenants contained in Section 6.3, and such default
<br />continues for a period of ten (10) business days after written notice from Agency or City
<br />(with respect to graffiti, debris, and waste material) or thirty (30) days after written notice
<br />from Agency or City (with respect to landscaping, building improvements and general
<br />maintenance), then Agency and/or City, in addition to any other remedy it may have
<br />under this Agreement or at law or in equity, shall have the right, but not the obligation,
<br />956619-4 10
<br />
|