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subject to the covenants, restrictions, duties and obligations set forth herein, regardless of whether
<br />such covenants, restrictions, duties and obligations are set forth in such contract, deed, ground lease
<br />or other instrument. If any such contract, deed, ground lease or other instrument has been
<br />executed prior to the date hereof, Owner hereby covenants to obtain and deliver to Agency an
<br />instrument in recordable form signed by the parties to such contract, deed, ground lease or other
<br />instrument pursuant to which such parties acknowledge and accept this Agreement and agree to
<br />be bound hereby.
<br />Owner agrees for itself and for its successors that in the event that a court of competent
<br />jurisdiction determines that the covenants herein do not run with the land, such covenants shall
<br />be enforced as equitable servitudes against the Property and the Project in favor of Agency.
<br />6. Property Management; Repair and Maintenance; Marketing
<br />6.1 Management Responsibilities Owner shall be responsible for all management
<br />functions with respect to the Property and the Project, including without limitation the selection
<br />of tenants, certification and recertification of household income and eligibility, evictions,
<br />collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs,
<br />replacement of capital items, and security. Agency shall have no responsibility for management
<br />or maintenance of the Property or the Project.
<br />6.2 Management Entity Agency shall have the right to review and approve the
<br />qualifications of the management entity proposed by Owner for the Project. The contracting of
<br />management services to a management entity shall not relieve Owner of its primary
<br />responsibility for proper performance of management duties. Agency approve Eden Housing
<br />Management, Inc. as the initial property management entity for the Project.
<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 areas, landscaping, driveways, parking areas
<br />and walkways) in a condition free of all waste, nuisance, debris, unmaintained landscaping,
<br />graffiti, disrepair, abandoned vehicles /appliances, and illegal activity, and shall take all
<br />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 />Project in good condition and repair. Owner shall provide adequate security services for
<br />occupants of the Project.
<br />6.3.1 Rights of Agency and City to Perform Maintenance In the event that
<br />Owner breaches any of the covenants contained in Section 6.3 and such default continues for a
<br />period of ten (10) business days after written notice from Agency (with respect to graffiti, debris,
<br />and waste material) or thirty (30) days after written notice from Agency (with respect to
<br />landscaping, building improvements and general maintenance), then Agency, in addition to any
<br />other remedy it may have under this Agreement or at law or in equity, shall have the right, but
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