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ARTICLE 5 <br />AFFORDABLE SITE MANAGEMENT AND MAINTENANCE <br />Section 5.1 Management Responsibilities. <br />(a) The Affordable Developer is responsible for all management functions with <br />respect to the Affordable Development, including without limitation the marketing of Affordable <br />Units, selection of residents, certification and recertification of household size and income, <br />evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary <br />repairs, replacement of capital items, and security. The City shall have no responsibility over <br />management of the Affordable Development. The Affordable Developer shall retain a professional <br />property management company, approved by the City in its reasonable discretion, to perform its <br />management duties hereunder. A resident manager shall also be required. The Affordable <br />Developer shall submit to the City for approval an initial proposed "Below Market Rate (BMR) <br />Tenant Selection and Management Plan" (the "Management Plan") no later than six (6) months <br />after the commencement of construction of the Affordable Development, which Management Plan <br />shall include, but not be limited to, details on how Affordable Developer plans to market the <br />Affordable Units to prospective applicants in accordance with all fair housing law, including <br />efforts to affirmatively further fair housing as defined in Government Code 8899.50, and this <br />Agreement, Affordable Developer's tenant selection criteria and how Affordable Developer plans <br />to certify the eligibility of applicants. The Management Plan shall contain all the information <br />required under the Affordable Housing Program Guidelines, including but not limited to describing <br />the management policies, identifying the management team and address how the Affordable <br />Developer and the Management Agent plan to manage and maintain the Affordable Development. <br />The Management Plan shall include the proposed management agreement and the form of rental <br />agreement that the Affordable Developer proposes to enter into with Residents. The City shall <br />approve or disapprove (with written explanation for disapproval) of the proposed Management <br />Plan by notifying the Affordable Developer in writing within fifteen (15) business days of the date <br />of submission to the City. Affordable Developer shall abide by the approved Management Plan in <br />marketing, managing, and maintaining the Affordable Development throughout the term of this <br />Agreement and shall submit proposed modifications to the City for review and approval (not to be <br />unreasonably withheld, conditioned or delayed). <br />(b) In addition to the foregoing, the Management Plan shall address the <br />following: <br />(1) The actions to be taken by the Affordable Developer to affirmatively <br />market units in compliance with fair housing laws and in compliance with City's policies and <br />procedures. The Affordable Developer will market the units in languages other than English as <br />required under the City's Language Access Plan, as such may be amended from time to time. Prior <br />to or concurrently with the recordation of this Agreement, the City shall provide Affordable <br />Developer with a copy of the City's Language Access Plan and any updates thereto. The <br />Affordable Developer, at a minimum, shall provide marketing in Spanish; <br />(2) Criteria for determining tenant eligibility, including certification of <br />Household Income and size, and application of the City's local preference policy as described in <br />ATTY/AGR/2024.193.1— AFFORDABLE HOUSING LAND DONATION AGREEMENT — EXHIBIT G— RESTRICTIVE COVENANTS AGR <br />REV: 10-22-24 VR <br />Page 15 of 41 <br />