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(h) The execution and recordation of the maintenance agreement shall be a <br />condition precedent to the issuance of the Certification of Occupancy. <br />4.7 Marketing Program. Each Affordable Unit shall be leased to Eligible Households <br />selected by Developer who meet all of the requirements provided herein. Prior to Certificate of <br />Occupancy, Developer shall prepare and obtain City's approval, which approval shall not be <br />unreasonably withheld, of a marketing program for the leasing of the Housing Units at the Project <br />("Marketing Program"). The leasing of the Housing Units shall thereafter be marketed in <br />accordance with the Marketing Program as the same may be amended from time to time with <br />City's prior written approval, which approval shall not unreasonably be withheld. Upon request, <br />Developer shall provide City with periodic reports with respect to the leasing of the Housing Units. <br />4.8 Management Plan. Prior to Certificate of Occupancy, Developer shall submit for <br />the reasonable approval of City a "Management Plan" which sets forth in detail Developer's <br />property management duties, a tenant selection process in accordance with this Agreement, a <br />security system and crime prevention program, the procedures for the collection of rent, the <br />procedures for eviction of tenants, the rules and regulations for the Property and manner of <br />enforcement, a standard lease form, an operating budget, the identity and emergency contact <br />information of the professional property management company to be contracted with to provide <br />24-hour onsite property management services at the Property ("Property Manager"), and other <br />matters relevant to the management of the Property. The Management Plan shall require <br />Developer to adhere to a fair lease and grievance procedure. The management of the Property <br />shall be in compliance with the Management Plan as approved by City. <br />If City determines that the performance of the Property Manager is deficient based upon <br />the standards set forth in the approved Management Plan and in this Agreement, City shall provide <br />notice to Developer of such deficiencies and Developer shall use its best efforts to correct such <br />deficiencies. In the event that such deficiencies have not been cured within thirty (30) days, City <br />shall have the right to require Developer to immediately remove and replace the Property Manager <br />with another property manager or property managernent company which is reasonably acceptable <br />to the City Manager, which is not related to or affiliated with Developer, and which has not less <br />than five (5) years experience in property management, including significant experience managing <br />housing facilities of the size, quality and scope of the Project. <br />4.9 Selection of Tenants. <br />4.9.1 Developer shall be responsible for the selection of tenants for the Housing <br />Units in compliance with lawful and reasonable criteria and the requirements of this Agreement. <br />Developer agrees that all of Affordable Units will be available to families or qualifying residents <br />as defined under California Civil Code section 51.3. <br />4.9.2 Local preference for Santa Ana residents and workers in tenant selection <br />shall be a requirement of the Project. Subject to applicable laws and regulations governing <br />nondiscrimination and preferences in housing occupancy required by the State of California, the <br />Developer shall give preference in leasing units to households that live and/or work in the City of <br />11 <br />