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the Management Agent, the Affordable Developer shall identify a replacement Management Agent. (b) Any contract for the operation or management of Affordable Development, entered into by the Affordable Developer shall provide that the contract can be terminated or modified as set forth above. Failure to remove the Management Agent in accordance with the provisions of this Section shall constitute default under this Agreement, and the City may enforce this provision through legal proceedings as specified in Section 6.7, below. Section 5.5 Affordable Site Maintenance. (a) The Affordable Developer agrees, for the entire Term of this Agreement, to maintain all interior and exterior improvements, including landscaping, for Affordable Development in good condition and repair (and, as to landscaping, in a healthy condition) 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 Affordable Developer agrees to have routine landscape maintenance performed at least every other week, including replacement of dead or diseased plants with comparable plants subject to weather conditions and applicable water conservation regulations. The Affordable Developer agrees to adequately water the landscaping for Affordable Development in compliance with City and water district policies. (2) Outdoor Common Areas. Affordable Developer shall use commercially reasonable efforts to ensure that outdoor common areas remain in a clean and orderly condition. This includes: (A) Removal of broken or discarded furniture, appliances and other, household equipment stored in deck or outdoor common areas for a period exceeding two (2) weeks; (B) Keeping areas visible from neighboring properties reasonably free of excessive trash and debris; and (C) Ensuring that vehicles are parked in designated areas in accordance with applicable parking regulations. (3) Building. The Affordable Developer shall maintain the Affordable Development in a manner that is consistent with legal requirements and does not create unsafe or hazardous conditions. This includes: (A) Addressing violations of state law, uniform codes, or City ordinances within a reasonable timeframe, considering the nature and extent of the issue; (B) Avoiding conditions that constitute a private or public nuisance; (C) Repairing broken windows within a commercially reasonable period; (D) Removing graffiti within five (5) business days from discovery, or as soon as reasonably practicable; and (E) Addressing hazardous conditions that could invite trespassing or malicious mischief. (4) Sidewalks. The Affordable Developer shall maintain, repair, and replace as necessary all sidewalks adjacent to Affordable Development. (b) The City places prime importance on quality maintenance to ensure that all affordable housing projects within the City are not allowed to deteriorate due to below-average ATTY/RESO.0034/CC RESO APPROVING PROJECT (901 EL CAMINO REAL) - EXHIBIT C REV: 04-22-25 VR Page 183 of 224