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2890662.3 43 <br />to prevent the same from occurring on the Property or at the Project. Owner shall <br />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 <br />and the improvements located thereon in good condition and repair. Owner shall <br />provide adequate security services for occupants of the Project. <br />6.3.1 Rights of City 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) business days after written notice from City (with respect to graffiti, <br />debris, and waste material) or thirty (30) days after written notice from City (with respect <br />to landscaping, building improvements and general maintenance), then City, in addition <br />to any other remedy it may have under this Agreement or at law or in equity, shall have <br />the 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 rate of 10% per annum. <br />6.4 Marketing and Management Plan. Not later than six (6) months <br />following issuance of building permits for the Project, Owner shall submit for City <br />review and approval, a plan for marketing and managing the Property ("Marketing and <br />Management Plan"). The Marketing and Management Plan shall address in detail how <br />Owner plans to market the Restricted Units to prospective Eligible Households in <br />accordance with fair housing laws and this Agreement, Owner’s tenant selection criteria, <br />and how Owner plans to certify the eligibility of Eligible Households. Owner shall work <br />with the City to implement local preference for City residents and/or workers for the <br />restricted and non-restricted units if feasible and in compliance with federal fair housing <br />laws. <br />At initial lease up of the Project, Owner shall give first preference for either <br />Restricted Units or Market Rate Units to the four (4) households residing at 1642 San <br />Leandro Boulevard, San Leandro, CA that will be temporary relocated prior to <br />commencement of Project construction. <br />The Plan shall also describe the management team and shall address how the <br />Owner and the management entity plan to manage and maintain the Property and the <br />Project. The Plan shall include the proposed management agreement and the form of <br />rental agreement that Owner proposes to enter into with Project tenants. Owner shall <br />abide 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 its 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 30 days following City’s receipt of <br />65