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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 City.
<br />6. Pronertv 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
<br />selection of tenants, certification and recertification of household income and eligibility,
<br />evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary
<br />repairs, replacement of capital items, and security. City shall have no responsibility for
<br />management or maintenance of the Property or the Project.
<br />6.2 Management Entity. City 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. City approves BRIDGE Property
<br />Management Company as the initial property management entity for the Project.
<br />No later than six (6) months following commencement of Project construction, Owner
<br />shall submit for City review and approval, a proposed management contract ("Management
<br />Contract"). The Management Contract shall describe the services to be provided by the
<br />management entity, including without limitation, marketing, tenant qualification and certification,
<br />maintenance, and repairs. During the term of this Agreement, City shall have the right to review
<br />and approve any proposed amendments to the Management Contract, any new management
<br />contracts, and any new management entity proposed for the Project. If City has not responded to
<br />any submission of the Management Contract, the proposed management entity, or a proposed
<br />amendment or change to any of the foregoing within 20 business days following City's receipt of
<br />such plan, contract, amendment, or proposal the plan, contract, amendment or proposal shall be
<br />deemed approved.
<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
<br />condition, 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 />improvements located thereon in good condition and repair. Owner shall provide adequate
<br />security services for occupants of the Project.
<br />(a) Rights of City to Perform Maintenance. In the event that Owner breaches
<br />any of the covenants contained in Section 6.3, and such default continues for a period of ten (10)
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