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evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary
<br />repairs, replacement of capital items, and security. Except as Agency or City may otherwise
<br />agree in writing, neither Agency nor City shall have 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 and
<br />approve the qualifications of the management entity proposed by Owner for the Project. The
<br />Agency and City hereby approve Alameda County Allied Housing Program as the initial
<br />management entity for the Project. The contracting of management services to a management
<br />entity shall not relieve Owner of its primary responsibility for proper performance of
<br />management duties
<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 and commercial units, common meeting rooms, common areas,
<br />landscaping, driveways and walkways) in a condition free of all waste, nuisance, debris,
<br />unmaintained landscaping, graffiti, disrepair, abandoned vehicles/appliances, and illegal activity,
<br />and shall take all reasonable steps to prevent the same from occurring on the Property or at the
<br />Project. Owner shall prevent and/or rectify any physical deterioration of the Property and the
<br />Project and 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 provide
<br />adequate security services for occupants of the Project. Owner shall maintain adequate operating
<br />and replacement reserves for the Project.
<br />6.3.1 Agency's Right to Perform Maintenance. In the event that Owner
<br />breaches any of the 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 necessary
<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.
<br />6.4 Marketing Management and Tenant Services Plan. Not later than 180 calendar
<br />days following the refinance of the Property, Owner shall submit for Agency and City review and
<br />approval, a plan for marketing and managing the Property (which shall include, without
<br />limitation, an affirmative marketing plan as required by the HOME Restrictions), and a plan for
<br />the provision of supportive services to Project tenants ("Marketing and Management Plan" or
<br />AMENDED AND RESTATED REGULATORY AGREEMENT 11
<br />MISSION BELL APARTMENTS
<br />227466-8
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