Laserfiche WebLink
(g) The maintenance agreement shall contain provisions relating to the <br />enforcement of its conditions by the City and shall also contain provisions authorizing the <br />City to recover costs and expenses which the City may incur arising out of any <br />enforcement and/or remediation efforts which the City may undertake in order to cure <br />any deficiency in maintenance, repair or upkeep or to enforce any restrictions or <br />conditions upon the use of the property. The maintenance agreement shall further provide <br />that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in <br />maintenance or to enforce use restrictions shall become a lien upon the property in an <br />amount equivalent to the actual costs and/or expense incurred by the City; and, <br />(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 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 the property <br />management duties, a tenant selection process in accordance with this Agreement, a security <br />system and crime prevention program, the procedures for the collection of rent, the procedures <br />for eviction of tenants, the rules and regulations for the Property and manner of enforcement, a <br />standard lease form, an operating budget, the identity and emergency contact information of the <br />professional property management company to be contracted with to provide onsite property <br />management services at the Property ("Property Manager"), and other matters relevant to the <br />management of the Property.. The Management Plan shall require Developer to adhere to a fair <br />lease and grievance procedure. The management of the Property shall be in compliance with the <br />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 <br />provide written notice to Developer of such deficiencies and Developer shall use its best efforts <br />to correct such deficiencies. In the event that such deficiencies have not been cured within thirty <br />(30) days, or, if cure is not reasonably possible within 30 days, then unless actions to commence <br />a cure are taken within 30 days and continued thereafter with diligence, City shall have the right <br />to require Developer to immediately remove and replace the Property Manager with another <br />property manager or property management company which is reasonably acceptable to the City <br />Manager, which is not related to or affiliated with Developer, and which has not less than five <br />(5) years experience in property management, including significant experience managing <br />housing facilities of the size, quality and scope of the Project. <br />4.8 Rental Lease Agreement. Developer shall prepare and obtain City's approval, <br />which approval shall not be unreasonably withheld, conditioned or delayed, of a rental lease <br />agreement ("Lease Agreement"). All Lease Agreements must 1) identify the names and ages of <br />all members of the household who will occupy the Affordable Unit; and 2) state that the <br />Household's right to occupy the Affordable Unit is subject to compliance with the Median <br />Income requirements, adjusted for family size appropriate to the unit, as periodically published <br />by HCD. All Lease Agreements must be consistent with the terms contained in this Density <br />Bonus Agreement. <br />11 <br />9138-126780\1517029.2 <br />