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Inst 2012080052
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Inst 2012080052
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4/12/2012 12:57:59 PM
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4/12/2012 12:57:59 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
2/1/2012
Recorded Document Type
Regulatory Agreement
Declaration of Restrictions
Retention
PERM
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Property and the improvements located thereon in good condition and repair. <br /> 6.3.1 City'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 <br /> period of ten (10) days after written notice from City (with respect to graffiti, debris, and <br /> waste material) or thirty (30) days after written notice from City (with respect to <br /> landscaping, building improvements and general maintenance), then City, in addition to <br /> any other remedy it 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 <br /> necessary to protect, maintain, and preserve the improvements and the landscaped <br /> areas on the Property. All costs expended by City in connection with the foregoing, shall <br /> constitute an indebtedness secured by the Deed of Trust, and shall be paid by Owner to <br /> City upon demand. All such sums remaining unpaid thirty (30) days following delivery of <br /> City's invoice therefor shall bear interest at the lesser of 10% per annum or the highest <br /> rate permitted by applicable law. Notwithstanding anything to the contrary set forth in <br /> this Section, Agency agrees that it will provide Owner with not less than thirty (30) days' <br /> written notice prior to undertaking any work for which Owner will incur a financial <br /> obligation. <br /> 6.4 Marketing and Management Plan. Within sixty (60) days following the <br /> Effective Date of this Agreement, Owner shall submit for City review and approval, a <br /> plan for marketing and managing the Property ( "Marketing and Management Plan" or <br /> "Plan "). The Marketing and Management Plan shall address in detail how Owner plans to <br /> market the Restricted Units to prospective Eligible Households in accordance with fair <br /> housing laws and this Agreement, Owner's tenant selection criteria, and how Owner plans <br /> to certify the eligibility of Eligible Households. The Plan shall also describe the <br /> management team and shall address how the Owner and the management entity plan <br /> to manage and maintain the Property and the Project. The Plan shall include the <br /> proposed management agreement and the form of rental agreement that Owner <br /> proposes to enter into with Project tenants. Owner shall abide by the terms of the <br /> Marketing and Management Plan in marketing, managing, and maintaining the Property <br /> and the Project, and throughout the term of this Agreement, shall submit proposed <br /> modifications to City for review and approval. <br /> 6.5 Approval of Amendments. If City has not responded to any submission of <br /> the Management and Marketing Plan, the proposed management entity, or a proposed <br /> amendment or change to any of the foregoing within thirty (30) days following City's <br /> receipt of such plan, proposal or amendment, the plan, proposal or amendment shall be <br /> deemed approved by City. <br /> 6.6 Fees, Taxes, and Other Levies. Owner shall be responsible for payment of <br /> all fees, assessments, taxes, charges, liens and levies applicable to the Property or the <br /> Project, including without limitation possessory interest taxes, if applicable, imposed by <br /> any public entity, and shall pay such charges prior to delinquency. However, Owner shall <br /> not be required to pay any such charge so long as (a) Owner is contesting such charge <br /> in good faith and by appropriate proceedings, (b) Owner maintains reserves adequate <br /> 1753724.4 12 <br />
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