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law or in equity, shall have the right, but not the obligation, to enter upon the Property and <br /> perform all acts and work necessary to protect, maintain, and preserve the improvements and the <br /> landscaped areas on the Property All costs expended by City in connection with the foregoing, <br /> shall constitute an indebtedness secured by the Deed of Trust, and shall be paid by Owner to City <br /> upon demand All such sums remaining unpaid thirty (30) days following delivery of City's <br /> invoice therefor shall bear interest at the lesser of 10% per annum or the highest rate permitted by <br /> applicable law <br /> 6.5 Marketing and Management Plan Not later than ninety (90) days following <br /> commencement of construction work on the Project, Owner shall submit for City review and <br /> approval, a plan for marketing and managing the Property ("Marketing and Management Plan" <br /> or"Plan") The Marketing and Management Plan shall address in detail how Owner plans to <br /> market the Restricted Units to prospective Eligible Households in accordance with fair housing <br /> laws and this Agreement, Owner's tenant selection cntena, and how Owner plans to certify the <br /> eligibility of Eligible Households. The Plan shall also describe the management team and shall <br /> address how the Owner and the management entity plan to manage and maintain the Property <br /> and the Project The Plan shall include the proposed management agreement and the form of <br /> rental agreement that Owner proposes to enter into with Project tenants. Owner shall abide by <br /> the terms of the Marketing and Management Plan in marketing, managing, and maintaining the <br /> Property and the Project, and throughout the term of this Agreement, shall submit proposed <br /> modifications to City for review and approval <br /> In addition to the foregoing, the Marketing and Management Plan shall address the <br /> following. <br /> (a) The actions to be taken by Owner to affirmatively market units in <br /> compliance with fair housing laws and in compliance with City's policies and <br /> procedures, including the policies described in Section 2.6 above, <br /> (b) Criteria for determining tenant eligibility, including certification of <br /> household income and size, age of household members or other qualifying cntena, and <br /> establishing reasonable occupancy standards (which shall not exceed standards <br /> established by state and federal fair housing laws and state housing and building codes), <br /> and procedures for screening prospective tenants, including obtaining credit reports, <br /> unlawful detainer reports, landlord references and criminal background investigations; <br /> (c) A requirement that eligible tenants be selected based on order of <br /> application, lottery or other reasonable method approved by City, <br /> (d) A requirement that eligible applicants be notified of eligibility and be <br /> provided an estimate regarding when a unit may be available, <br /> (e) A requirement that ineligible applicants be notified of the reason for their <br /> ineligibility; <br /> (f) Specific procedures through which applicants deemed to be ineligible may <br /> 13 <br /> OAK #4832-3506-8205 v4 <br />