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(g) The maintenance agreement shall contain provisions relating to the enforcement <br />of its conditions by the City and shall also contain provisions authorizing the City to <br />recover costs and expenses which the City may incur arising out of any enforcement and/or <br />remediation efforts which the City may undertake in order to cure any deficiency in <br />maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of <br />the Property. The maintenance agreement shall further provide that any unreimbursed costs <br />and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use <br />restrictions shall become a lien upon the Property in an amount equivalent to the actual <br />costs and/or expense incurred by the City (provided, however, that City acknowledges and <br />agrees that the priority of any such lien shall be deemed to be the date such lien is filed, <br />and not the date this Agreement is recorded); 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 (comprised of security cameras with audio voice down capability) and crime prevention <br />program, the procedures for the collection of rent, the procedures for eviction of tenants, the rules <br />and regulations for the Property and manner of enforcement, a standard lease form, an operating <br />budget, the identity and emergency contact information of the professional property management <br />company to be contracted with to provide onsite property management services at the Property <br />("Property Manager"), and other matters relevant to the management of the Property. The <br />Management Plan shall require Developer to adhere to a fair lease and grievance procedure. The <br />management of the Property shall be in compliance with the Management Plan as approved by <br />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 />written notice to Developer of such deficiencies and Developer shall use commercially reasonable <br />efforts to correct such deficiencies. In the event that such deficiencies have not been cured within <br />thirty (30) days, or, if cure is not reasonably possible within 30 days, then unless actions to <br />commence a cure are taken within 30 days and continued thereafter with diligence, City shall have <br />the right to require Developer to immediately remove and replace the Property Manager with <br />another property manager or property management company which is reasonably acceptable to the <br />City 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 housing <br />facilities of the size, quality and scope of the Project. City acknowledges that Developer's investor <br />limited partner has the right, under Developer's limited partnership agreement, to direct the general <br />partner to remove the Property Manager. Developer agrees to give City notice of the proposed <br />replacement Property Manager. Such proposed replacement Property Manager shall be subject to <br />the City's approval (with such approval not to be unreasonably withheld, conditioned or delayed). <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 />10 <br />9138-12678ON1517029.2 <br />