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5.18 Performance and Payment Bonds. Prior to commencement of construction work <br />on the Project, Developer shall cause its general contractor to deliver to the City copies of <br />payment bond(s) and performance bond(s) issued by a reputable insurance company licensed to <br />do business in California, each in a penal sum of not Tess than one hundred percent (100%) of the <br />scheduled cost of construction of such Project component. The bonds shall name the City as co - <br />obligee. <br />5.19 Insurance Requirements. Developer shall maintain and shall cause its contractors <br />to maintain all applicable insurance coverage specified in Article X. <br />5.20 Affordable Housinjg. Developer covenants and agrees for itself, its successors and <br />assigns that the Property will be subject to recorded covenants that will restrict use of the <br />Property to operation of an affordable rental residential development and that for a term of not <br />less than seventy-five (75) years commencing upon the issuance of the final certificate of <br />occupancy for the Project, not less than six (6) of the residential units in the Project shall be <br />available at Affordable Rents to households whose income is no greater than twenty percent <br />(20%) of Area Median Income, not less than an additional three (3) of the residential units in the <br />Project shall be available at Affordable Rents to households whose income is no greater than <br />forty percent (40%) of Area Median Income, not less than an additional fourteen (14) of the <br />residential units in the Project shall be available at Affordable Rents to households whose <br />income is no greater than fifty percent (50%) of Area Median Income, and not less than an <br />additional six (6) of the residential units in the Project shall be available at Affordable Rents to <br />households whose income is no greater than sixty percent (60%) of Area Median Income. Two <br />(2) residential units shall be manager/staff units that will not be subject to rent or occupancy <br />restrictions. Developer shall comply with rent and occupancy restrictions imposed by all <br />applicable financing sources and regulatory agencies if such agencies impose requirements on <br />the Project that are more stringent than those set forth in this Agreement. Developer shall be <br />obligated to contract with a qualified organization or agency that will provide referrals of <br />Eligible Households for prospective occupancy of the residential units in the Project. In <br />addition, Developer will be obligated to provide, or contract with a qualified organization for <br />provision of supportive social services to the Project residents. <br />5.21 Intentionally omitted. <br />5.22 Intentionally omitted. <br />5.23 Maintenance. Commencing upon Developer's acquisition of a leasehold interest <br />in the Property, Developer shall at its own expense, maintain the Property and the Improvements, <br />including the landscaping and common areas, in good physical condition, in good repair, and in <br />decent, safe, sanitary, habitable and tenantable living conditions in conformity with all Applicable <br />Laws. Without limiting the foregoing, Developer agrees to maintain the Property and the <br />Improvements (including without limitation, landscaping, driveways, parking areas, and <br />walkways) in a condition free of all waste, nuisance, debris, unmaintained landscaping, graffiti, <br />disrepair, abandoned vehicles/appliances, and illegal activity, and shall take all reasonable steps <br />to prevent the same from occurring on the Property. Developer shall prevent and/or rectify any <br />physical deterioration of the Improvements and shall make all repairs, renewals and <br />replacements necessary to keep the Property and the Improvements in good condition and <br />repair. <br />OAK #4845-1087-0362 v5 <br />22 <br />