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Development name with Agent as trustee. The withdrawal and use of funds <br />deposited in the Reserve Fund for Replacements Account shall be controlled by <br />CHFA and the City as set forth in subsection (c) below. <br />(a) Security Deposit Account: If required by the tenant leases, <br />Agent shall collect security deposits. In collecting, handling and disbursing <br />these funds, Agent shall comply with California Civil Code Section 1950.5. The <br />balance of such account shall at all times equal or exceed the aggregate of all <br />outstanding obligations under said account. <br />(b) Development Operating Account: All revenue collected pursuant <br />to Section 11 and 22 of this Agreement shall be credited to the Development <br />Operating Account. <br />(c) Reserve Fund for Replacement Account: Each month Agent shall <br />transfer from the Development Operating Account to the Reserve Fund for <br />Replacements Account an amount if and when required by the Regulatory Agreement <br />and shown in the Annual Operating Budget for the Development. Funds held in <br />the Reserve Fund for Replacement Account shall be placed in a restricted <br />account which provides that no funds shall be withdrawn without the prior <br />written approval of CHFA and the City. <br />13. Disbursements. Agent may disburse funds from the accounts described <br />in Section 12 of this Agreement only for the following purposes. All other <br />disbursements shall require the express written permission of Owner and City, <br />except when necessary for emergency repairs required to avoid injury to persons <br />or property. In the case of emergencies, the Agent shall, as soon as practical <br />thereafter, provide notice of the emergency expenditure to the City and Owner. <br />(a) Security Deposit Account: Disbursements may be made from this <br />account only to: <br />(1) Pay the cost of any unpaid rent, damage or unreasonable <br />wear and tear caused by the tenant, or to reimburse the Development Operating <br />Account for such payment; and <br />(2) Return to the tenant upon termination of the tenancy the <br />portion of the security deposit not used in accordance with (1) above. <br />(b) Development Operating Account: Disbursement may be made form <br />this account only to: <br />(1) Make the payments required to be made by Owner to the <br />Lenders under their respective mortgage loans which may include payments of <br />principal and interest, taxes, assessments, fire and other hazard insurance <br />premiums or other amounts that may from time to time be required; and <br />(2) Make monthly transfers to the Reserved Fund for <br />Replacements Account; <br />(3) Pay Agent's fee under Section 6 of this Agreement; <br />(4) Pay reasonable attorney's fees and other necessary costs <br />incurred in connection with actions to terminate tenancies when such actions <br />have been authorized in writing by Owner in accordance with Section 14 of this <br />19:MGMTAGR.EHI (12/18/89) 6 <br />