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of the requirements and standards of this Agreement, the City shall deliver notice to the Owner <br />and the Investor Limited Partner identifying the deficiencies of the management agent with <br />regards to the management of the Affordable Units. Within thirty (30) days of receipt by the <br />Owner of such written notice, City staff and the Owner shall meet in good faith to consider <br />methods for improving the financial and operating status of Affordable Project. The City shall <br />have the right to review and inspect documents related to the management and operation of <br />Affordable Project. The then acting Management Agent will have a period of thirty (30) days to <br />address the deficiencies identified by the City. If, after initial meeting or after the sixty (60) day <br />cure period runs (commencing from the date of the deficiency notice), the City staff recommends <br />in writing to the Owner for the replacement of the Management Agent, the Owner shall identify <br />a replacement Management Agent. <br />(b) Any contract for the operation or management of Affordable Project, <br />entered into by the Owner shall provide that the contract can be terminated or modified as set <br />forth above. Failure to remove the Management Agent in accordance with the provisions of this <br />Section shall constitute default under this Agreement, and the City may enforce this provision <br />through legal proceedings as specified in Section 6.7, below. <br />Section 5.5 Affordable Site Maintenance. <br />(a) The Owner agrees, for the entire Term of this Agreement, to maintain all <br />interior and exterior improvements, including landscaping, for Affordable Project in good <br />condition and repair (and, as to landscaping, in a healthy condition) and in accordance with all <br />applicable laws, rules, ordinances, orders and regulations of all federal, state, county, municipal, <br />and other governmental agencies and bodies having or claiming jurisdiction and all their <br />respective departments, bureaus, and officials, and in accordance with the following maintenance <br />conditions: <br />(1) Landscaping. The Owner agrees to have landscape maintenance <br />performed at least every other week, including replacement of dead or diseased plants with <br />comparable plants. The Owner agrees to adequately water the landscaping for Affordable <br />Project in compliance with City and water district policies. <br />(2) Outdoor Common Areas. No outdoor common areas for <br />Affordable Project shall be left unmaintained, including: (A) Broken or discarded furniture, <br />appliances and other, household equipment stored in deck areas for a period exceeding one (1) <br />week; (B) Packing boxes, lumber, trash, dirt and other debris in areas visible from neighboring <br />properties; and (C) Vehicles parked or stored in other than approved parking areas. <br />(3) Building. Affordable Project may not be left in an unmaintained <br />condition so that any of the following exist: (A) Violations of state law, uniform codes, or City <br />ordinances; (B) Conditions that constitute an unsightly appearance that detracts from the <br />aesthetics or value of Affordable Project or constitutes a private or public nuisance; (C) Broken <br />windows; (D) Graffiti (must be removed within seventy-two (72) hours from when discovered <br />or such reasonable period of time as is required to remove the same); and (E) Conditions <br />constituting hazards and/or inviting trespassers, or malicious mischief. <br />1199\10\3491196.8 17 <br />REV: 10-18-23 SK <br />