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Inst 2007072354
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Inst 2007072354
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3/25/2009 12:38:03 PM
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3/25/2009 12:38:02 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
2/1/2007
Recorded Document Type
Declaration of Restrictions
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PERM
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maintain the Property and the Project. The Marketing and Management Plan shall include the <br />proposed management agreement and the form of rental agreement that Developer proposes to <br />enter into with Project tenants. The Marketing and Management Plan shall include detailed <br />information regarding services to be coordinated for Project tenants, including without limitation, <br />Developer's plans for coordination of services by third party providers, services to be provided <br />by Developer or affiliates of Developer, and on-site services to be provided (if any) and shall <br />describe proposed uses of the community meeting room and common area facilities in the <br />Project. <br />The Marketing and Management Plan shall include a detailed staffing plan for the <br />Project, which Agency shall review in connection with Agency's review of the Marketing and <br />Management Plan and the Project annual operating budget. <br />Developer shall abide by the terms of the Marketing and Management Plan in marketing, <br />managing, and maintaining the Property and the Project, and throughout the term of this <br />Agreement, shall submit proposed modifications to Agency for its review and approval. <br />6.5 Approval of Amendments. If Agency has not responded to any submission of the <br />Management and Marketing Plan, the proposed management entity, or a proposed amendment or <br />change to any of the foregoing within 30 days following Agency's receipt of such plan, proposal <br />or amendment, the plan, proposal or amendment shall be deemed approved by Agency. <br />6.6 Fees, Taxes, and Other Levies. Developer shall be responsible for payment of all <br />fees, assessments, taxes, charges, liens and levies. including without limitation possessory interest <br />taxes, if applicable, imposed by any public authority or utility company with respect to the Property <br />or the Project, and shall pay such charges prior to delinquency. However, Developer shall not be <br />required to pay any such charge so long as (a) Developer is contesting such charge in good faith <br />and by appropriate proceedings, (b) Developer maintains reserves adequate to pay any contested <br />liabilities, and (c) on final determination of the proceeding or contest, Developer immediately <br />pays or discharges any decision or judgment rendered against it, together with all costs, charges <br />and interest. <br />6.7 Insurance Coverage. Prior to issuance of building permits for the Project, and <br />continuing throughout the term of this Agreement Developer shall comply with the insurance <br />requirements set forth in the Ground Lease and the DDA, and shall, at Developer's expense, <br />maintain in full force and effect the insurance coverage required thereunder. <br />b.8 Property Damage or Destruction. If any part of the Project is damaged or <br />destroyed, Developer shall repair or restore the same, consistent with the occupancy and rent <br />restriction requirements set forth in this Agreement. Such work shall be commenced within <br />ninety (90) days after the damage or loss occurs and shall be completed within one year <br />thereafter, provided that insurance proceeds are available to be applied to such repairs or <br />restoration within such period and the repair or restoration is financially feasible. During such <br />time that lenders or low-income housing tax credit investors providing financing for the Project <br />impose requirements that differ from the requirements of this Section the requirements of such <br />lenders and investors shall prevail. <br />so6~9o-E g <br />
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