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Owner of its primary responsibility for proper performance of management duties.
<br />City approves Eden Housing Management, Inc. as the initial property management entity
<br />for the Project.
<br />Upon request, Owner shall submit for City review and approval, a proposed
<br />management contract ("Management Contract"). The Management Contract shall
<br />describe the services to be provided by the management entity, including without
<br />limitation, marketing, tenant qualification and certification, maintenance, and repairs.
<br />During the term of this Agreement, City shall have the right to review and approve any
<br />proposed amendments to the Management Contract, any new management contracts,
<br />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
<br />proposed amendment or change to any of the foregoing within 20 business days
<br />following City's receipt of such plan, contract, amendment, or proposal the plan, contract,
<br />amendment or proposal shall be deemed approved. City hereby acknowledges that it
<br />has approved the Management Contract between Owner and Eden Housing
<br />Management, Inc.
<br />6.3 Repair, Maintenance and Security. Throughout the term of this
<br />Agreement, Owner shall at its own expense, maintain the Property and the Project in
<br />good physical condition, in good repair, and in decent, safe, sanitary, habitable and
<br />tenantable living conditions in conformity with all applicable state, federal, and local laws,
<br />ordinances, codes, and regulations. Without limiting the foregoing, Owner agrees to
<br />maintain the Project and the Property (including without limitation, the residential units,
<br />common areas, landscaping, driveways, parking areas and walkways) in a condition
<br />free of all waste, ·nuisance, debris, unmaintained landscaping, graffiti, disrepair,
<br />abandoned vehicles/appliances, and illegal activity, and shall take all reasonable steps
<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.
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