Reso PC22-09 0083 PC Reso Recommending General Plan Amendment Approval Harbor View Project

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Exhibit F-12 ATTY/AGR/2022.389/HARBOR VIEW PROJECT DEVELOPMENT AGREEMENT REV: 10-28-2022 VR standard for a qualified Management Agent or resident manager set forth above. If the proposed Management Agent or resident manager meets the standard for a qualified Management Agent or resident manager set forth above, the City shall approve the proposed Management Agent or resident manager by notifying the Owner in writing. Unless the proposed Management Agent or resident manager is disapproved by the City within thirty (30) days, which disapproval shall state with reasonable specificity the basis for disapproval, it shall be deemed approved. Section 5.3 Performance Review. In addition to the reporting requirements under Section 5.2 above, the City reserves the right to conduct an annual (or more frequently, if deemed reasonably necessary by the City) review of the management practices and financial status of the Project. The purpose of each periodic review will be to enable the City to determine if the Project is being operated and managed in accordance with the requirements and standards of this Agreement. The Owner shall cooperate with the City in such reviews. Section 5.4 Management Agent or Resident Manager Non-Performance. If, as a result of a periodic review, the City determines, in its reasonable judgment, that the Project is not being operated and managed in accordance with any of the material requirements and standards of this Agreement, the City shall deliver notice to the Owner of such default including a detailed explanation of the deficiencies in the management of the Project. If Owner fails to cure such default within the times set forth in Section 6.4, City shall be entitled to exercise it remedies under Section 6.4. Section 5.5 Maintenance Requirements. A. The Owner agrees, for the entire Term of this Agreement, to maintain all interior and exterior improvements, including landscaping, on the Project in good condition and repair (and, as to landscaping, in a healthy condition), normal wear and tear excepted, and in accordance with all applicable laws, rules, ordinances, orders and regulations of all federal, state, county, municipal, and other governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials, and in accordance with the following maintenance conditions: (1) Landscaping. The Owner agrees to have landscape maintenance performed at least every week, including but not limited to, replacement of dead or diseased plants with comparable plants and lawn and plant trimming. Owner agrees to adequately water the landscaping on the Project in compliance with City policies. (2) Yard Area. No yard areas on the Project shall be left unmaintained, including: (i) broken or discarded furniture, appliances and other, household equipment stored in yard areas for a period exceeding one (1) week; (ii) packing boxes, lumber, trash, dirt and other debris in areas visible from public improvements or neighboring properties; and