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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. City shall have a lien against the Property for the amount of such unpaid sums, <br />and shall have the right to record a Notice of Claim of Lien against the Property. <br />11.5 Marketing and Management Plan; Rental Agreements. Not later than 45 days <br />following the Effective Date, Owner shall submit for City review and approval, a plan for <br />marketing and managing the Property ("Marketing and Management Plan" or "Plan") unless <br />such Plan has previously been provided pursuant to the City Documents. The Marketing and <br />Management Plan shall address in detail how Owner plans to market any vacant units in the <br />Project to prospective tenants in accordance with fair housing laws and this Agreement, Owner's <br />tenant selection criteria, and how Owner plans to certify the eligibility of Eligible Households. <br />The Plan shall also describe the management team and shall address how Owner and the <br />management entity plan to manage and maintain the Property and the Project. The Plan shall <br />include the proposed management agreement and the form of rental agreement that Owner <br />proposes to enter into with Project tenants. Owner shall abide by the terms of the Marketing and <br />Management Plan in marketing, managing, and maintaining the Property and the Project, and <br />throughout the term of this Agreement, shall submit proposed modifications to City for review <br />and approval. <br />In addition to the foregoing, the Marketing and Management Plan shall address the <br />following: <br />'(a) The actions to be taken by Owner to affirmatively market units in <br />compliance with fair housing laws and in compliance with City's affirmative marketing <br />policies and procedures, including the policies described in Section 4 above; <br />(b) Criteria for determining tenant eligibility, including certification of <br />household income and size, and establishing reasonable occupancy standards (which shall <br />not exceed standards established by state and federal fair housing laws and state housing <br />and building codes), and procedures for screening prospective tenants, including <br />obtaining credit reports, unlawful detainer reports, landlord references, and criminal <br />background investigations; <br />(c) A requirement that eligible tenants be selected based on order of <br />application, lottery or other reasonable method approved by City; <br />(d) A requirement that eligible applicants be notified of eligibility and be <br />provided an estimate regarding when a unit may be available; <br />(e) A requirement that ineligible applicants be notified of the reason for their <br />ineligibility; <br />REV: 08-26-2020 PR <br />ATTY/AGR.2020.168/HIP Housing Development Corporation (Page 13 of 31) <br />