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9 <br /> <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 /> <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 purchaser 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 rules and regulations for the Property and manner of enforcement, 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 sale and grievance procedure. The <br />management of the Property shall be in compliance with the Management Plan as approved by <br />City. <br /> <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. Developer agrees to give City notice of the <br />proposed replacement Property Manager. Such proposed replacement Property Manager shall be <br />subject to the City’s approval (with such approval not to be unreasonably withheld, conditioned or <br />delayed). <br /> <br />4.8 Reserved. <br /> <br />4.9 Selection of Purchasers. <br /> <br />4.9.1 Developer shall review the selection of purchasers for the Affordable Units <br />in compliance with lawful and reasonable criteria and the requirements of this Agreement. Each <br />Affordable Unit shall be sold to Eligible Households. <br /> <br />4.9.2 Prior to the sale of an Affordable Unit, Developer shall require the purchaser <br />or cause for the purchaser to be required to complete an Income Verification Form (in substantially <br />the form attached hereto as Exhibit B) certifying that the purchaser buying the Affordable Unit is <br />an Eligible Household and otherwise meet(s) the eligibility requirements established for the <br />Affordable Unit. Developer shall verify the income of the purchaser as set forth herein. Developer <br />and City shall be entitled to rely on the Income Verification Form and supporting documentation <br />provided by purchaser unless Developer or City has knowledge of, or a reasonable basis for belief <br />as to, the inaccuracy or falsehood of any of the supporting documentation. <br />6/27/2022 <br />Planning Commission 2 –409