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<br /> to all of the duties and obligations imposed hereby for the Term of this Agreement. Each and
<br /> even' contract, deed, ground lease or other instrument affecting or conveying the Property or the
<br /> Project or any part thereof, shall conclusively be held to have been executed, delivered and accepted
<br /> 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 /> 1538954.5 9
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