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of the individual dwelling units or retail /commercial space within the Project) shall be
<br /> subject to all of the duties and obligations imposed hereby for the full term of this
<br /> Agreement. Each and every contract, deed, ground lease or other instrument affecting or
<br /> conveying the Property or the Project or any part thereof, shall conclusively be held to
<br /> have been executed, delivered and accepted subject to the covenants, restrictions, duties
<br /> and obligations set forth herein, regardless of whether such covenants, restrictions, duties
<br /> and obligations are set forth in such contract, deed, ground lease or other instrument. If
<br /> any such contract, deed, ground lease or other instrument has been executed prior to
<br /> the date hereof, Owner hereby covenants to obtain and deliver to City an instrument in
<br /> 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
<br /> agree to be bound hereby.
<br /> Owner agrees for itself and for its successors that in the event that a court of
<br /> competent jurisdiction determines that the covenants herein do not run with the land,
<br /> such covenants shall be enforced as equitable servitudes against the Property and the
<br /> Project in favor of City.
<br /> 6. Property Management; Repair and Maintenance; Marketing.
<br /> 6.1 Management Responsibilities. Owner shall be responsible for all
<br /> management functions with respect to the Property and the Project, including without
<br /> limitation the selection of tenants, certification and recertification of household
<br /> income and eligibility, evictions, collection of rents and deposits, maintenance,
<br /> landscaping, routine and extraordinary repairs, replacement of capital items, and
<br /> security. City shall have no responsibility for management or maintenance of the
<br /> Property or the Project.
<br /> 6.2 Management Entity. City shall have the right to review and approve,
<br /> the qualifications of the management entity proposed by Owner for the Project. The
<br /> contracting of management services to a management entity shall not relieve
<br /> Owner of its primary responsibility for proper performance of management duties.
<br /> City hereby approves Eden Housing Management, Inc., as the initial management entity
<br /> for the Project.
<br /> 6.3 Repair and Maintenance. Throughout the term of this Agreement, Owner
<br /> shall at its own expense, maintain the Property and the Project in good physical
<br /> condition, in good repair, and in decent, safe, sanitary, habitable and tenantable living
<br /> conditions in conformity with all applicable state, federal, and local laws, ordinances,
<br /> codes, and regulations. Without limiting the foregoing, Owner agrees to maintain the
<br /> Project and the Property (including without limitation, the residential units, common
<br /> areas, meeting rooms, landscaping, driveways, parking areas and walkways) in a
<br /> condition free of all waste, nuisance, debris, unmaintained landscaping, graffiti,
<br /> 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.
<br /> 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
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