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Section 12. MAINTENANCE, MANAGEMENT, OPERATION, <br />PRESERVATION AND REPAIR OF PROPERTY <br />12.1. Maintenance. Developer shall maintain the Property (and all abutting <br />grounds, sidewalks, roads, parking and landscape areas which Developer is otherwise <br />required to maintain) in good condition and repair; shall operate the Property in a <br />businesslike manner; shall prudently preserve and protect its own as well as the City's <br />interests in connection with the Property; shall not commit or permit any waste or <br />deterioration of the Property (except for normal wear and tear); shall not abandon any <br />portion of the Property or leave the Property unguarded or unprotected as reasonably <br />required; and shall not otherwise act, or fail to act, in such a way as to unreasonably <br />increase the risk of any damage to the Property or of any other impairment of City's <br />interests under the Loan Documents. City acknowledges and agrees that as of the <br />effective date of this Agreement, Developer's installation of security cameras at the <br />Property shall satisfy Developer's obligation pursuant to this Section 12.1 not to leave the <br />Property unguarded or unprotected. Without limiting the generality of the foregoing, and <br />except as otherwise agreed by City in writing from time to time, Developer shall <br />promptly and faithfully perform and observe each of the following provisions: <br />12.2. Alterations and Repair. Developer shall not remove, demolish or <br />materially alter any Improvement without City's prior consent, except to make non- <br />structural repairs that preserve or increase the Property's value, and shall promptly restore, <br />in a good and professional manner, any Improvement (or other aspect or portion of the <br />Property) that is damaged or destroyed from any cause. <br />12.3. Compliance. Developer shall comply with all laws and requirements of <br />Governmental Authority (including, without limitation, all requirements relating to the <br />obtaining of Governmental Authority approvals), all Governmental Authority approvals <br />and all rights of third parties, relating to Developer, the Property or Developer's business <br />thereon. <br />12.4. Taxes and Impositions. Developer shall pay, prior to delinquency, all of <br />the following (collectively, the "Impositions"): (a) all general and special real property <br />taxes and assessments imposed on the Property; (b) all other taxes and assessments and <br />charges of every kind that are assessed upon the Property (or upon the owner and/or <br />operator of the Property) and that create or may create a lien upon the Property (or upon <br />any personal property or fixtures used in connection with the Property), including, without <br />limitation, non -governmental levies and assessments pursuant to applicable covenants, <br />conditions or restrictions (if any); and (c) all license fees, taxes and assessments imposed <br />on City (other than City's income or franchise taxes) which are measured by or based upon <br />(in whole or in part) the amount of the obligations secured by the Property. If permitted by <br />law, Developer may pay any Imposition in installments (together with any accrued <br />interest). <br />12.5. Right to Contest. Developer shall not be required to pay any hi position <br />so long as: (a) its validity is being actively contested in good faith and by appropriate <br />proceedings; (b) Developer has demonstrated to City's reasonable satisfaction that leaving <br />34 <br />WISEPIace Permanent supportive Housing <br />City HOME -ARP Loan Agreement <br />