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<br />ARTICLE 4 <br />MAINTENANCE AND OPERATION OF THE PROJECT <br /> <br />4.1 Assisted Living Facility. Supplemental Care and Seryices. <br /> <br />(a) The Developer shall use or cause the Project to be used as a licensed <br />Assisted Living facility. <br /> <br />(b) Throughout the term of this Agreement, Developer shall offer to all <br />Residents, supplemental care and seryices designed to meet the special needs of elderly residents <br />that are deemed to be charitable by the State of California Board of Equalization and allows the <br />Development to be exempt from property taxation. <br /> <br />4.2 Compliance with Loan Agreement. The Developer shall comply with the terms <br />and conditions ofthe Loan Agreement. . <br /> <br />4.3 Property Maintenance. The Developer shall maintain the Property in accordance <br />with Section 3.6 of the Ground Lease. <br /> <br />4.4 Insurance. The Developer shall maintain insurance in accordance with Section <br />5.1 through 5.3 of the Ground Lease. <br /> <br />4.5 Management Responsibilities. The Project shall at all times be managed by an <br />experienced management agent acceptable to City, with demonstrated ability to operate <br />residential facilities like the Project in a manner that will provide decent, safe, and sanitary <br />housing (as approved, the "Management Agent"). The City approves Eskaton Properties <br />Incorporated as the initial Management Agent for the Project. Before changing Management <br />Agents, the Developer shall submit for City's approval the identity of the proposed new <br />Management Agent. The Developer shall also submit such additional information about the <br />background, experience and financial condition of any proposed Management Agent as is <br />reasonably necessary for City to determine whether the proposed Management Agent meets the <br />standard for a qualified Management Agent set forth above. If the proposed Management Agent <br />meets the standard for a qualified Management Agent set forth above, City shall approve the <br />proposed Management Agent by notifying the Developer in writing. Unless the proposed <br />Management Agent is disapproved by City within thirty (30) days, which disapproval shall state <br />with reasonable specificity the basis for disapproval, it shall be deemed approved. In addition to <br />the above, the City may recommend the removal of a Management Agent; provided, however, <br />that any removal of or change in the Management Agent shall be determined by the Developer in <br />its Bole discretion. <br /> <br />4.6 Citv Preference Requirements. The Developer shall comply with any resident <br />preference system approved by the City in accordance with the terms of Section 2.12 of the <br />Ground Lease. <br /> <br />4.7 Ouarterlv Management Meetings. Upon the request of either the Developer or the <br />City, the Developer, City and Management Agent shall meet to review the Project operations and <br /> <br />144\ 105\ 15908 1.11 <br /> <br />8 <br />