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City hereby approves , a California nonprofit public benefit corporation, as the
<br />initial management entity for the Project. Any subsequent management entity or social services
<br />provider shall be subject to City review and approval, which shall not be unreasonably withheld
<br />or delayed. Upon City determination and delivery of written notice to Owner that Owner has
<br />failed to operate the Project in accordance with this Agreement, subject to any applicable cure
<br />period and the approval of the Project lenders and equity investors, City may require Owner to
<br />contract with a qualified management agent selected by City and approved by the Project lender
<br />and equity investor, to operate the Project, or to make such other arrangements as City deems
<br />necessary to ensure performance of the required functions.
<br />6.3 Repair, Maintenance and Security. Throughout the term of this Agreement,
<br />Owner shall at its own expense, maintain the Property and the Project in good physical condition,
<br />in good repair, and in decent, safe, sanitary, habitable and tenantable living conditions in
<br />conformity with all applicable state, federal, and local laws, ordinances, codes, and regulations.
<br />Without limiting the foregoing, Owner agrees to maintain the Project and the Property (including
<br />without limitation, the residential units, common areas, meeting rooms, landscaping, driveways,
<br />parking areas and walkways) in a condition free of all waste, nuisance, debris, unmaintained
<br />landscaping, graffiti, disrepair, abandoned vehicles/appliances, and illegal activity, and shall take
<br />all reasonable steps to prevent the same from occurring on the Property or at the Project. Owner
<br />shall prevent and/or rectify any physical deterioration of the Property and the Project and
<br />shall make all repairs, renewals and replacements necessary to keep the Property and the
<br />improvements located thereon in good condition and repair. Owner shall provide adequate
<br />security measures for the Project, including without limitation, the installation of adequate
<br />lighting and deadbolt locks.
<br />6.3.1 Additional Requirements. All construction work and professional services
<br />for the Project shall be performed by persons or entities licensed or otherwise authorized to
<br />perform the applicable work or service in the State of California and shall have a current City of
<br />Pleasanton business license if required under local law. To the extent allowed by state and
<br />federal laws, Owner shall limit the installation of satellite dish, antenna and other such
<br />equipment to screened locations on the Property as approved by the City. Owner shall diligently
<br />work to resolve complaints related to noise, parking, litter or other neighborhood concerns.
<br />6.4 City's Right to Perform Maintenance. In the event that Owner breaches any of the
<br />covenants contained in Section 6.3, and such default continues for a period of ten (10) days after
<br />written notice from City (with respect to graffiti, debris, and waste material) or thirty (30) days
<br />after written notice from City (with respect to landscaping, building improvements and general
<br />maintenance), then City, in addition to any other remedy it may have under this Agreement or at
<br />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.
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<br />OAK #4834-1210-2746 v4
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