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units, common areas, meeting rooms, landscaping, driveways, parking areas and <br />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. <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 <br />Property and the improvements located thereon in good condition and repair. Owner <br />shall provide adequate security for occupants of the Project. <br />6.3.1 Cty'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 <br />a period of ten (10) days after written notice from City (with respect to graffiti, debris, <br />and 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 <br />the right, but not the obligation, with prior notice to Owner, to enter upon the Property <br />and perform all acts and work necessary to protect, maintain, and preserve the <br />improvements and the landscaped areas on the Property. All costs expended by City in <br />connection with the foregoing, shall constitute an indebtedness secured by the Deed of <br />Trust, and shall be paid by Owner to City upon demand. All such sums remaining <br />unpaid thirty (30) days following delivery of City's invoice therefor shall bear interest at <br />the lesser of 10% per annum or the highest rate permitted by applicable law. <br />Notwithstanding anything to the contrary set forth in this Section, City agrees that it will <br />provide Owner with not less than thirty (30) days' written notice prior to undertaking any <br />work for which Owner will incur a financial obligation. <br />6.4 Marketing and Management Plan. Not later than one hundred eighty <br />(180) days prior to completion of Project construction, Owner shall submit for City <br />review and approval, a plan for marketing and managing the Property ( "Marketing and <br />Management Plan" or "Plan "). The Marketing and Management Plan shall address in <br />detail how Owner plans to market the Restricted Units to prospective Eligible <br />Households in accordance with fair housing laws and this Agreement, Owner's tenant <br />selection criteria, and how Owner plans to certify the eligibility of Eligible Households. <br />The Plan shall also describe the management team and shall address how the Owner <br />and the management entity plan to manage and maintain the Property and the Project. <br />The Plan shall include the proposed management agreement and the form of rental <br />agreement that Owner proposes to enter into with Project tenants. Owner shall abide <br />by the terms of the Marketing and Management Plan in marketing, managing, and <br />maintaining the Property and the Project, and throughout the term of this Agreement, <br />shall submit proposed 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 />1865088.5 11 <br />