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<br />5 <br /> <br />6.1 Management Responsibilities. If Owner elects to rent the Restricted Unit, <br />then Owner shall be responsible for all management functions with respect to the <br />Restricted Unit, including without limitation the selection of tenants, certification and <br />recertification of household income and eligibility, evictions, collection of rents and <br />deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of <br />capital items, and security. Except as City may otherwise agree in writing, City shall have <br />no responsibility for management or maintenance of the Restricted Unit. The contracting of <br />management services to a management entity shall not relieve Owner of its primary <br />responsibility for proper performance of management duties. <br /> <br />6.2 Repair, Maintenance, and Security. If Owner elects to rent the Restricted <br />Unit, then throughout the term of this Agreement, Owner shall at its own expense, maintain <br />the Restricted Unit in good physical condition, in good repair, and in decent, safe, sanitary, <br />habitable and tenantable living conditions in conformity with all applicable state, federal, <br />and local laws, ordinances, codes, and regulations. Without limiting the foregoing, Owner <br />agrees to maintain the Restricted Unit in a condition reasonably free of all waste, nuisance, <br />debris, unmaintained landscaping, graffiti, disrepair, abandoned vehicles/appliances, and <br />illegal activity, and shall take all reasonable steps to prevent the same from occurring in the <br />Restricted Unit. If Owner elects to rent the Restricted Unit, then Owner shall prevent and/or <br />rectify any physical deterioration of the Restricted Unit and shall make all repairs, renewals <br />and replacements necessary to keep the Restricted Unit and the improvements located <br />thereon in good condition and repair. <br /> <br />6.3 Restrictions on Transfer. If Owner elects to rent the Restricted Unit, then <br />upon the conveyance, sale or lease of the Property, the purchaser or transferee shall <br />submit an Annual Report to the City. <br /> <br />7. Recordation: No Subordination. This Agreement shall be recorded in the Official <br />Records of Alameda County. Owner hereby represents, warrants and covenants that with <br />the exception of easements and restrictions of record, absent the written consent of City, <br />this Agreement shall not be subordinated in priority to any lien (other than those pertaining <br />to taxes or assessments), encumbrance, or other interest in the Property. If at the time this <br />Agreement is recorded, any interest, lien, or encumbrance has been recorded against the <br />Property in position superior to this Agreement, upon the request of City, Owner hereby <br />covenants and agrees to promptly undertake all action necessary to clear such matter from <br />title or to subordinate such interest to this Agreement consistent with the intent of and in <br />accordance with this Section, and to provide such evidence thereof as City may reasonably <br />request. <br /> <br />8. Encumbrance. <br /> <br />8.1 Encumbrances. Owner agrees to use best efforts to ensure that any deed <br />of trust secured by the Property shall contain each of the following provisions: (a) the <br />holder of such deed of trust shall use commercially reasonable efforts to provide to City a <br />copy of any notice of default issued to Owner concurrently with provision of such notice to <br />Owner (provided however, the failure to do so shall not impair such holder's rights and <br />remedies); and (b) City shall have the reasonable right, but not the obligation, to cure any <br />default by Owner within the same period of time provided to Owner for such cure, <br />extended by an additional thirty (30) days. <br />Page 202 of 344