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Property, or any part thereof or interest therein, (ii) any payment, prepayment or extinguishment of <br />the Loan, the Note, or (iii) any reconveyance of the Deed of Trust. <br />4.3 Reconveyance. Upon the termination of this Agreement, the Parties agree to <br />execute and record appropriate instruments to release and discharge this Agreement; provided, <br />however, the execution and recordation of such instruments shall not be necessary or a <br />prerequisite to the termination of this Agreement upon the expiration of the term. <br />5. Binding Upon Successors; Covenants to Run with the Land. Owner hereby subjects <br />its interest in the Property and the Project to the covenants and restrictions set forth in this <br />Agreement. The City and Owner hereby declare their express intent that the covenants and <br />restrictions set forth herein shall be deemed covenants running with the land and shall be binding <br />upon and inure to the benefit of the heirs, administrators, executors, successors in interest, <br />transferees, and assigns of Owner and City, regardless of any sale, assignment, conveyance or <br />transfer of the Property, the Project or any part thereof or interest therein. Any successor -in -interest <br />to Owner, including without limitation any purchaser, transferee or lessee of the Property or the <br />Project (other than the tenants of the individual dwelling units within the Project) shall be subject <br />to all of the duties and obligations imposed hereby for the full term of this Agreement. Each and <br />every contract, deed, ground lease or other instrument affecting or conveying the Property or the <br />Project or any part thereof, shall conclusively be held to have been executed, delivered and accepted <br />subject to the covenants, restrictions, duties and obligations set forth herein, regardless of whether <br />such covenants, restrictions, duties and obligations are set forth in such contract, deed, ground lease <br />or other instrument. If any such contract, deed, ground lease or other instrument has been <br />executed prior to the date hereof, Owner hereby covenants to obtain and deliver to City an <br />instrument in recordable form signed by the parties to such contract, deed, ground lease or other <br />instrument pursuant to which such parties acknowledge and accept this Agreement and agree to <br />be bound hereby. Owner agrees for itself and for its successors that in the event that a court of <br />competent jurisdiction determines that the covenants herein do not run with the land, such <br />covenants shall be enforced as equitable servitudes against the Property and the Project in favor <br />of City. <br />6. Property Management; Repair and Maintenance; Marketing. <br />6.1 Management Responsibilities. Owner shall be responsible for all management <br />functions with respect to the Property and the Project, including without limitation the <br />selection of tenants, certification and recertification of household income and eligibility, <br />evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary <br />repairs, replacement of capital items, and security. City shall have no responsibility for <br />management or maintenance of the Property or the Project. <br />6.2 Management Entity; Social Services Provider; Referral Agency. City shall <br />have the right to review and approve the qualifications of (i) the management entity, (ii) the <br />social services provider, and (iii) the agency that will refer Eligible Households for prospective <br />occupancy of the Project, that Owner proposes to engage, and shall have the right to review and <br />approve any agreement executed between Owner and such entities, which approval shall not be <br />unreasonably withheld. The contracting of management services to a management entity shall <br />not relieve Owner of its primary responsibility for proper performance of management duties. <br />11 <br />OAK #4834-1210-2746 v4 <br />