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Section 4.3 Notice of Litigation. Owner shall promptly notify the City in writing of <br />any litigation materially affecting Owner or Affordable Project and of any claims or disputes that <br />involve a material risk of such litigation. <br />Section 4.4 Insurance Requirements. For the entire Term, the Owner and its <br />successors and assigns acquiring title to the Affordable Site shall obtain, at their expense, <br />comprehensive general liability insurance for Affordable Project, naming the City as an <br />additional named insured with aggregate limits of not less than Five Million Dollars <br />($5,000,000), for bodily injury and death and property damage, including coverages for <br />contractual liability and products and completed operations, purchased by Owner or its <br />successors or assigns from an insurance company duly licensed to engage in the business of <br />issuing such insurance in the State, with a current Best's Key Rating A -VII or better such <br />insurance to be evidenced by an endorsement which so provides and delivered to the City prior <br />to the issuance of any building permit for any portion Building Three. <br />Section 4.5 Section 8 Certificate Holders. The Owner will accept as residents, on the <br />same basis as all other prospective residents, persons who are recipients of federal certificates or <br />vouchers for rent subsidies pursuant to the existing housing program under Section 8 of the <br />United States Housing Act, or its successor. The Owner shall not apply selection criteria to <br />Section 8 certificate or voucher holders that are more burdensome than criteria applied to all <br />other prospective residents, nor shall the Owner apply or permit the application of management <br />policies or lease provisions with respect to the Affordable Project which have the effect of <br />precluding occupancy of units by such prospective Residents. <br />ARTICLE 5 <br />AFFORDABLE SITE MANAGEMENT AND MAINTENANCE <br />Section 5.1 Management Responsibilities. <br />(a) The Owner is responsible for all management functions with respect to the <br />Affordable Project, including without limitation the marketing of Affordable Units, selection of <br />residents, certification and recertification of household size and income, evictions, collection of <br />rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of <br />capital items, and security. The City shall have no responsibility over management of the <br />Affordable Project. The Owner shall retain a professional property management company, <br />approved by the City in its reasonable discretion, to perform its management duties hereunder. <br />A resident manager shall also be required. The Owner shall submit to the City for approval an <br />initial proposed "Management Plan" no later than six (6) months after the commencement of <br />construction of the Affordable Project, which Management Plan shall include, but not be limited <br />to, details on how Owner plans to market the Affordable Units to prospective applicants in <br />accordance with fair housing law, including efforts to affirmatively further fair housing as <br />defined in Government Code 8899.50, and this Agreement, Owner's tenant selection criteria and <br />how Owner plans to certify the eligibility of applicants. The Management Plan shall also <br />describe the management policies, identify the management team and address how the Owner <br />and the Management Agent plan to manage and maintain the Affordable Project. The <br />Management Plan shall include the proposed management agreement and the form of rental <br />agreement that the Owner proposes to enter into with Residents. The City shall approve or <br />REV: 07-12-24 VR <br />1199\10\3491196.8 <br />