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the Management Agent, the Affordable Developer shall identify a replacement Management <br />Agent. <br />(b) Any contract for the operation or management of Affordable Development, <br />entered into by the Affordable Developer shall provide that the contract can be terminated or <br />modified as set forth above. Failure to remove the Management Agent in accordance with the <br />provisions of this Section shall constitute default under this Agreement, and the City may enforce <br />this provision through legal proceedings as specified in Section 6.7, below. <br />Section 5.5 Affordable Site Maintenance. <br /> <br />(a) The Affordable Developer agrees, for the entire Term of this Agreement, to <br />maintain all interior and exterior improvements, including landscaping, for Affordable <br />Development in good condition and repair (and, as to landscaping, in a healthy condition) and in <br />accordance with all applicable laws, rules, ordinances, orders and regulations of all federal, state, <br />county, municipal, and other governmental agencies and bodies having or claiming jurisdiction <br />and all their respective departments, bureaus, and officials, and in accordance with the following <br />maintenance conditions: <br />(1) Landscaping. The Affordable Developer agrees to have routine <br />landscape maintenance performed at least every other week, including replacement of dead or <br />diseased plants with comparable plants subject to weather conditions and applicable water <br />conservation regulations. The Affordable Developer agrees to adequately water the landscaping <br />for Affordable Development in compliance with City and water district policies. <br />(2) Outdoor Common Areas. Affordable Developer shall use <br />commercially reasonable efforts to ensure that outdoor common areas remain in a clean and <br />orderly condition. This includes: (A) Removal of broken or discarded furniture, appliances and <br />other, household equipment stored in deck or outdoor common areas for a period exceeding two <br />(2) weeks; (B) Keeping areas visible from neighboring properties reasonably free of excessive <br />trash and debris; and (C) Ensuring that vehicles are parked in designated areas in accordance <br />with applicable parking regulations. <br /> <br />(3) Building. The Affordable Developer shall maintain the Affordable <br />Development in a manner that is consistent with legal requirements and does not create unsafe <br />or hazardous conditions. This includes: (A) Addressing violations of state law, uniform codes, <br />or City ordinances within a reasonable timeframe, considering the nature and extent of the issue; <br />(B) Avoiding conditions that constitute a private or public nuisance; (C) Repairing broken <br />windows within a commercially reasonable period; (D) Removing graffiti within five (5) <br />business days from discovery, or as soon as reasonably practicable; and (E) Addressing <br />hazardous conditions that could invite trespassing or malicious mischief. <br /> <br />(4) Sidewalks. The Affordable Developer shall maintain, repair, and <br />replace as necessary all sidewalks adjacent to Affordable Development. <br />(b) The City places prime importance on quality maintenance to ensure that all <br />affordable housing projects within the City are not allowed to deteriorate due to below-average <br />ATTY/RESO.0029/CC RESO APPROVING ARCHITECTUAL PERMIT, TENTATIVE PARCEL MAP (920 SHASTA) - EXHIBIT C <br />REV: 04-22-25 VR <br /> <br />Page 183 of 224