Common use of Maintenance of the Property Clause in Contracts

Maintenance of the Property. a. Commission, its successors and assigns, shall maintain the Improvements on the Property in the same aesthetic and sound condition (or better) as the condition of the Property at the time City issues a Release of Construction Covenants pursuant to the Agreement, reasonable wear and tear excepted. This standard for the quality of maintenance of the Property shall be met whether or not a specific item of maintenance is listed below. However, representative items of maintenance shall include frequent and regular inspection for graffiti or damage or deterioration or failure, and immediate repainting or repair or replacement of all surfaces, fencing, walls, equipment, etc., as necessary; emptying of trash receptacles and removal of litter; sweeping of public sidewalks adjacent to the Property, on-site walks and paved areas and washing-down as necessary to maintain clean surfaces; maintenance of all landscaping in a healthy and attractive condition, including trimming, fertilizing and replacing vegetation as necessary; cleaning windows on a regular basis; painting the buildings as needed and prior to the deterioration of the painted surfaces; conducting a roof inspection on a regular basis and maintaining the roof in a leak-free and weather-tight condition; maintaining security devices in good working order. In the event Commission, its successors or assigns fails to maintain the Improvements in accordance with the standard for the quality of maintenance, City or its designee shall have the right but not the obligation to enter the Property upon reasonable notice to Commission, correct any violation, and hold Commission, or such successors or assigns responsible for the cost thereof, and such cost, until paid, shall constitute a lien on the Property. b. If City gives written notice to Commission that the maintenance or condition of the Property or the Improvements, or any portion thereof or any other improvements thereon, does not comply with this Agreement, Commission shall correct, remedy or cure the deficiency within thirty (30) days following the date of such notice, unless the notice states that the deficiency is an urgent matter relating to public health and safety, in which case, Commission shall use commercially reasonable efforts to cure such deficiency within forty-eight (48) hours following the date of the notice. Notwithstanding the foregoing, in the event any deficiency of a non-urgent nature is not reasonably capable of being cured within the 30-day time limit set forth in the immediately preceding sentence, Commission shall have such additional period of time to complete a cure as is reasonably necessary, provided that Commission has commenced the cure within the 30-day period (to the extent feasible) and diligently proceeds to cure such deficiency. If Commission fails to cure any such deficiencies within the applicable period described above, City shall have, in addition to any other rights and remedies hereunder, the right to maintain the Property or the Improvements, or any portion thereof or any other improvements thereon, or to contract for the correction of any deficiencies, and Commission shall be responsible for payment of all such costs actually and reasonably incurred by City and such payment shall constitute a lien on the Property until paid by Commission pursuant to California Civil Code Section 2881. Any lien created by this Section shall be subject and subordinate to any mortgage encumbering the Property.

Maintenance of the Property. a. CommissionOwner, its successors and assigns, shall maintain the Improvements on the Property in the same aesthetic and sound condition (or better) as the condition of the Property at the time City issues a Release of Construction Covenants pursuant to the Agreement, reasonable wear and tear excepted. This standard for the quality of maintenance of the Property shall be met whether or not a specific item of maintenance is listed below. However, representative items of maintenance shall include frequent and regular inspection for graffiti or damage or deterioration or failure, and immediate repainting or repair or replacement of all surfaces, fencing, walls, equipment, etc., as necessary; emptying of trash receptacles and removal of litter; sweeping of public sidewalks adjacent to the Property, on-site walks and paved areas and washing-down as necessary to maintain clean surfaces; maintenance of all landscaping in a healthy and attractive condition, including trimming, fertilizing and replacing vegetation as necessary; cleaning windows on a regular basis; painting the buildings as needed on a regular program and prior to the deterioration of the painted surfaces; conducting a roof inspection on a regular basis and maintaining the roof in a leak-free and weather-tight condition; maintaining security devices in good working order. In the event CommissionOwner, its successors or assigns fails to maintain the Improvements in accordance with the standard for the quality of maintenance, City or its designee shall have the right but not the obligation to enter the Property upon reasonable notice to CommissionOwner, correct any violation, and hold CommissionOwner, or such successors or assigns responsible for the cost thereof, and such cost, until paid, shall constitute a lien on the Property. b. If City gives written notice to Commission Owner that the maintenance or condition of the Property or the Improvements, or any portion thereof or any other improvements thereon, does not comply with this Agreement, Commission Owner shall correct, remedy or cure the deficiency within thirty (30) days following the date of such notice, unless the notice states that the deficiency is an urgent matter relating to public health and safety, in which case, Commission Owner shall use commercially reasonable efforts to cure such deficiency within forty-eight (48) hours following the date of the notice. Notwithstanding the foregoing, in the event any deficiency of a non-urgent nature is not reasonably capable of being cured within the 30-day time limit set forth in the immediately preceding sentence, Commission Owner shall have such additional period of time to complete a cure as is reasonably necessary, provided that Commission Owner has commenced the cure within the 30-day period (to the extent feasible) and diligently proceeds to cure such deficiency. If Commission Owner fails to cure any such deficiencies within the applicable period described above, City shall have, in addition to any other rights and remedies hereunder, the right to maintain the Property or the Improvements, or any portion thereof or any other improvements thereon, or to contract for the correction of any deficiencies, and Commission Owner shall be responsible for payment of all such costs actually and reasonably incurred by City and such payment shall constitute a lien on the Property until paid by Commission Owner pursuant to California Civil Code Section 2881. Any lien created by this Section shall be subject and subordinate to any mortgage encumbering the Property.

Maintenance of the Property. a. CommissionOwner, its successors and assigns, shall maintain the Property and Improvements on the Property in materially the same aesthetic and sound condition (or better) as the condition of the Property existing at the time City issues a Release of Construction Covenants pursuant to the Agreement, reasonable wear and tear excepted. This standard for the quality of maintenance of the Property shall be met whether or not a specific item of maintenance is listed below. However, representative Representative items of maintenance shall shall, however, include frequent and regular inspection for graffiti or damage or deterioration or failure, and immediate repainting or repair or replacement of all surfaces, fencing, walls, equipment, etc., as necessary; emptying of trash receptacles and removal of litter; sweeping of public sidewalks adjacent to the Property, on-site walks and paved areas and washing-down as necessary to maintain clean surfaces; maintenance of all landscaping in a healthy and attractive condition, including trimming, fertilizing and replacing vegetation as necessary; cleaning windows on a regular basis; painting the buildings as needed on a regular program and prior to the deterioration of the painted surfaces; conducting a roof inspection on a regular basis and maintaining the roof in a leak-leak- free and weather-tight condition; maintaining security devices in good working order. In the event CommissionOwner, its successors or assigns fails to maintain the Improvements in accordance with the standard for the quality of maintenance, City or its designee shall have the right but not the obligation to enter the Property upon reasonable notice to CommissionOwner, correct any violation, and hold CommissionOwner, or such successors or assigns responsible for the cost thereof, and such cost, until paid, shall constitute a lien on the Property; provided, that any such lien shall at all times be subordinate to and shall not defeat, render invalid, or limit any Permitted Mortgage instrument (as that term is defined in the Agreement). b. If all or any portion of the Property or the Improvements are damaged or destroyed by fire or other casualty, it shall be the duty of Owner to rebuild, repair or reconstruct the Property in a timely manner to restore it substantially to the condition described in Section 4.d(1) above; provided, however, under such circumstances, Owner shall be entitled to modify the Property or the Improvements in order to comply with revisions or modifications in applicable building codes and other applicable regulations, construction materials and techniques or demonstrable changes in market conditions or demands, all subject to City’s prior written approval, not to be unreasonably withheld, conditioned or delayed. c. If the Property or the Improvements are damaged or destroyed by casualty, Owner may not, without the prior written consent of the City, reconstruct, rebuild or repair the Property in a manner which will provide different exterior appearance and lot design from that which existed prior to the date of the casualty; provided, however, under such circumstances, Owner shall be entitled to modify the Property or the Improvements in order to comply with revisions or modifications in applicable building codes and other applicable regulations, construction materials and techniques or demonstrable changes in market conditions or demands, all subject to City’s prior written approval, not to be unreasonably withheld, conditioned or delayed. d. In the event of damage or destruction due to casualty, Owner shall be obligated to proceed to commence reconstruction with all appropriate dispatch and due diligence, taking into account such conditions outside of Owner’s control as the requirement to demolish the Improvements, adjust insurance claims, secure required governmental approvals and permits, the availability of necessary labor and materials and the condition of the Property following an event of damage or destruction and, thereafter, to complete reconstruction with commercially reasonable diligence, again subject to conditions and causes beyond the reasonable control of Owner. e. If City gives written notice to Commission Owner that the maintenance or condition of the Property or the Improvements, or any portion thereof or any other improvements thereon, does not comply with this Agreement, Commission Owner shall correct, remedy or cure the deficiency within thirty (30) days following the date of such notice, unless the notice states that the deficiency is an urgent matter relating to public health and safety, in which case, Commission Owner shall use commercially reasonable efforts to cure such deficiency within forty-forty- eight (48) hours following the date of the notice. Notwithstanding the foregoing, in the event any deficiency of a non-urgent nature is not reasonably capable of being cured within the 30-day time limit set forth in the immediately preceding sentence, Commission Owner shall have such additional period of time to complete a cure as is reasonably necessary, provided that Commission Owner has commenced the cure within the 30-day period (to the extent feasible) and diligently proceeds to cure such deficiency. If Commission Owner fails to cure any such deficiencies within the applicable period described above, City shall have, in addition to any other rights and remedies hereunder, the right to maintain the Property or the Improvements, or any portion thereof or any other improvements thereon, or to contract for the correction of any deficiencies, and Commission Owner shall be responsible for payment of all such costs actually and reasonably incurred by City and such payment shall constitute a lien on the Property or the Improvements (as applicable) until paid by Commission Owner pursuant to California Civil Code Section 2881. Any ; provided, that any such lien created by this Section shall at all times be subject and subordinate to and shall not defeat, render invalid, or limit any mortgage encumbering Permitted Mortgage instrument (as that term is defined in the PropertyAgreement).

Maintenance of the Property. a. Commission, its successors and assigns, shall maintain the Improvements on the Property in Propertiesin the same aesthetic and sound condition (or better) as the condition of the Property Properties at the time City issues a Release of Construction Covenants pursuant to the Agreement, reasonable wear and tear excepted. This standard for the quality of maintenance of the Property shall Propertiesshall be met whether or not a specific item of maintenance is listed below. However, representative items of maintenance shall include frequent and regular inspection for graffiti or damage or deterioration or failure, and immediate repainting or repair or replacement of all surfaces, fencing, walls, equipment, etc., as necessary; emptying of trash receptacles and removal of litter; sweeping of public sidewalks adjacent to the PropertyProperties, on-site walks and paved areas and washing-down as necessary to maintain clean surfaces; maintenance of all landscaping in a healthy and attractive condition, including trimming, fertilizing and replacing vegetation as necessary; cleaning windows on a regular basis; painting the buildings as needed and prior to the deterioration of the painted surfaces; conducting a roof inspection on a regular basis and maintaining the roof in a leak-free and weather-tight condition; maintaining security devices in good working order. In the event Commission, its successors or assigns fails to maintain the Improvements in accordance with the standard for the quality of maintenance, City or its designee shall have the right but not the obligation to enter the Property Properties upon reasonable notice to Commission, correct any violation, and hold Commission, or such successors or assigns responsible for the cost thereof, and such cost, until paid, shall constitute a lien on the PropertyProperties. b. If City gives written notice to Commission that the maintenance or condition of the Property Properties or the Improvements, or any portion thereof or any other improvements thereon, does not comply with this Agreement, Commission shall correct, remedy or cure the deficiency within thirty (30) days following the date of such notice, unless the notice states that the deficiency is an urgent matter relating to public health and safety, in which case, Commission shall use commercially reasonable efforts to cure such deficiency within forty-eight (48) hours following the date of the notice. Notwithstanding the foregoing, in the event any deficiency of a non-urgent nature is not reasonably capable of being cured within the 30-day time limit set forth in the immediately preceding sentence, Commission shall have such additional period of time to complete a cure as is reasonably necessary, provided that Commission has commenced the cure within the 30-day period (to the extent feasible) and diligently proceeds to cure such deficiency. If Commission fails to cure any such deficiencies within the applicable period described above, City shall have, in addition to any other rights and remedies hereunder, the right to maintain the Property Properties or the Improvements, or any portion thereof or any other improvements thereon, or to contract for the correction of any deficiencies, and Commission shall be responsible for payment of all such costs actually and reasonably incurred by City and such payment shall constitute a lien on the Property Properties until paid by Commission pursuant to California Civil Code Section 2881. Any lien created by this Section shall be subject and subordinate to any mortgage encumbering the PropertyProperties.

Maintenance of the Property. a. Commission, its successors Participant covenants and assigns, shall agrees to --------------------------- maintain the Improvements all improvements on the Property in the same aesthetic good condition and sound condition repair (or better) as the condition of the Property at the time City issues a Release of Construction Covenants pursuant to the Agreement, reasonable wear and tear excepted. This standard for the quality of maintenance of the Property shall be met whether or not a specific item of maintenance is listed below. However, representative items of maintenance shall include frequent and regular inspection for graffiti or damage or deterioration or failure, and immediate repainting or repair or replacement of all surfaces, fencing, walls, equipment, etc.and, as necessary; emptying of trash receptacles and removal of litter; sweeping of public sidewalks adjacent to the Propertylandscaping, on-site walks and paved areas and washing-down as necessary to maintain clean surfaces; maintenance of all landscaping in a healthy condition) and attractive conditionin accordance with all other applicable laws, including trimmingrules, fertilizing ordinances, orders, and replacing vegetation as necessary; cleaning windows on a regular basis; painting 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. In addition, Participant shall keep the buildings as needed Property free from all graffiti and prior any accumulation of debris or waste material. Participant shall make all repairs and replacements necessary to keep the deterioration of the painted surfaces; conducting a roof inspection on a regular basis and maintaining the roof in a leak-free and weather-tight condition; maintaining security devices improvements in good working ordercondition and repair and shall promptly eliminate all graffiti and replace dead and diseased plants and landscaping with comparable approved materials. In the event Commissionthat Participant breaches any of the covenants contained in this Paragraph --------- 5.2 and such default continues for a period of five (5) business days after --- written notice from Agency (with respect to landscaping, its successors graffiti, debris, waste material, and general maintenance) or assigns fails thirty (30) days after written notice from Agency (with respect to maintain the Improvements building improvements), then Agency and/or City, in accordance with the standard for the quality of maintenanceaddition to whatever other remedy it may have at law or in equity, City or its designee shall have the right but not the obligation to enter upon the Property and perform or cause to be performed all such acts and work necessary to cure the default. Pursuant to such right of entry, Agency and/or City shall be permitted (but are not required) to enter upon reasonable notice the Property and perform all acts and work necessary to Commissionprotect, correct any violationmaintain, and hold Commission, or such successors or assigns responsible for preserve the cost thereofimprovements and landscaped areas on the Property, and such cost, until paid, shall constitute to attach a lien on the Property. b. If City gives written notice to Commission that the maintenance or condition of the Property or the Improvements, or any portion thereof or any other improvements thereon, does not comply with this Agreement, Commission shall correct, remedy or cure to assess the deficiency within thirty (30) days following the date of such notice, unless the notice states that the deficiency is an urgent matter relating to public health and safety, in which case, Commission shall use commercially reasonable efforts to cure such deficiency within forty-eight (48) hours following the date of the notice. Notwithstanding the foregoingProperty, in the event any deficiency amount of the expenditures arising from such acts and work of protection, maintenance, and preservation by Agency and/or City and/or costs of such cure, including a non-urgent nature is not reasonably capable of being cured within the 30-day time limit set forth in the immediately preceding sentencefifteen percent (15%) administrative charge, Commission which amount shall have such additional period of time be promptly paid by Participant to complete a cure as is reasonably necessary, provided that Commission has commenced the cure within the 30-day period (to the extent feasible) and diligently proceeds to cure such deficiencyAgency upon demand. If Commission fails to cure any such deficiencies within the applicable period described above, City shall have, in In addition to any other rights remedy that Agency may have, it shall be entitled to pay to the City the amount of any duly imposed assessments against the Property, and remedies hereunderto reduce the Specified Amount in a corresponding sum. Such assessments might include, but shall not be limited to, the right to maintain the Property amounts required for parking lot maintenance, landscape maintenance, graffiti removal or the Improvements, debris or any portion thereof or any other improvements thereon, or to contract for the correction of any deficiencies, and Commission hazardous waste removal. No such assessment shall be responsible for payment made unless the provisions of all such costs actually this Agreement have been complied with and reasonably incurred by City and such payment shall constitute a lien on the Property until paid by Commission pursuant to California Civil Code Section 2881. Any lien created by this Section shall be subject and subordinate to any mortgage encumbering the PropertyCity's nuisance abatement procedures.

Maintenance of the Property. a. Commission, its successors and assigns, 4.1. Owner shall maintain the Property and Improvements on the Property in the same aesthetic and sound condition (or better) as the condition of the Property existing at the time City issues a the Release of Construction Covenants pursuant to the AgreementDDA, reasonable wear and tear excepted. This standard for the quality of maintenance of the Property shall be met whether or not a specific item of maintenance is listed below. However, representative items of maintenance shall include frequent and regular inspection for graffiti or damage or deterioration or failure, and immediate repainting or repair or replacement of all surfaces, fencing, walls, equipment, etc., as necessary; emptying of trash receptacles and removal of litter; sweeping of public sidewalks adjacent to the Property, on-on- site walks and paved areas and washing-down as necessary to maintain clean surfaces; maintenance of all landscaping in a healthy and attractive condition, including trimming, fertilizing and replacing vegetation as necessary; cleaning windows on a regular basis; painting the buildings as needed on a regular program and prior to the deterioration of the painted surfaces; conducting a roof inspection on a regular basis and maintaining the roof in a leak-free and weather-tight condition; maintaining security devices in good working order. In the event CommissionOwner, its successors or assigns fails to maintain the Improvements in accordance with the standard for the quality of maintenance, City or its designee shall have the right but not the obligation to enter the Property upon reasonable notice to CommissionOwner, correct any violation, and hold CommissionOwner, or such successors or assigns responsible for the cost thereof, and such cost, until paid, shall constitute a lien on the Property. b. 4.2. If City gives written notice to Commission Owner that the maintenance or condition of the Property or the Improvements, or any portion thereof or any other improvements thereon, does not comply with this Agreement, Commission Owner shall correct, remedy or cure the deficiency within thirty (30) days following the date of such notice, unless the notice states that the deficiency is an urgent matter relating to public health and safety, in which case, Commission shall use commercially reasonable efforts to cure such deficiency within forty-eight (48) hours following the date of the notice. Notwithstanding the foregoing, in the event any deficiency of a non-urgent nature is not reasonably capable of being cured within the 30-day time limit set forth in the immediately preceding sentence, Commission shall have such additional period of time to complete a cure as is reasonably necessary, provided that Commission has commenced the cure within the 30-day period (to the extent feasible) and diligently proceeds to cure such deficiency. If Commission fails to cure any such deficiencies within the applicable period described above, City shall have, in addition to any other rights and remedies hereunder, the right to maintain the Property or the Improvements, or any portion thereof or any other improvements thereon, or to contract for the correction of any deficiencies, and Commission shall be responsible for payment of all such costs actually and reasonably incurred by City and such payment shall constitute a lien on the Property until paid by Commission pursuant to California Civil Code Section 2881. Any lien created by this Section shall be subject and subordinate to any mortgage encumbering the Property.thirty

Maintenance of the Property. a. CommissionOwner, its successors and assigns, shall maintain the Improvements on the Property in the same aesthetic and sound condition (or better) as the condition of the Property at the time City issues a Release of Construction Covenants pursuant to the Agreement, reasonable wear and tear excepted. This standard for the quality of maintenance of the Property shall be met whether or not a specific item of maintenance is listed below. However, representative items of maintenance shall include frequent and regular inspection for graffiti or damage or deterioration or failure, and immediate repainting or repair or replacement of all surfaces, fencing, walls, equipment, etc., as necessary; emptying of trash receptacles and removal of litter; sweeping of public sidewalks adjacent to the Property, on-site walks and paved areas and washing-down as necessary to maintain clean surfaces; maintenance of all landscaping in a healthy and attractive condition, including trimming, fertilizing and replacing vegetation as necessary; cleaning windows on a regular basis; painting the buildings as needed on a regular program and prior to the deterioration of the painted surfaces; conducting a roof inspection on a regular basis and maintaining the roof in a leak-free and weather-tight condition; maintaining security devices in good working order. In the event CommissionOwner, its successors or assigns fails to maintain the Improvements in accordance with the standard for the quality of maintenance, City or its designee shall have the right but not the obligation to enter the Property upon reasonable notice to CommissionOwner, correct any violation, and hold CommissionOwner, or such successors or assigns responsible for the cost thereof, and such cost, until paid, shall constitute a lien on the Property. b. If City gives written notice to Commission Owner that the maintenance or condition of the Property Property, the Leasehold or the Improvements, or any portion thereof or any other improvements thereon, does not comply with this Agreement, Commission Owner shall correct, remedy or cure the deficiency within thirty (30) days following the date of such notice, unless the notice states that the deficiency is an urgent matter relating to public health and safety, in which case, Commission Owner shall use commercially reasonable efforts to cure such deficiency within forty-eight (48) hours following the date of the notice. Notwithstanding the foregoing, in the event any deficiency of a non-urgent nature is not reasonably capable of being cured within the 30-day time limit set forth in the immediately preceding sentence, Commission Owner shall have such additional period of time to complete a cure as is reasonably necessary, provided that Commission Owner has commenced the cure within the 30-day period (to the extent feasible) and diligently proceeds to cure such deficiency. If Commission Owner fails to cure any such deficiencies within the applicable period described above, City shall have, in addition to any other rights and remedies hereunder, the right to maintain the Property Property, the Leasehold or the Improvements, or any portion thereof or any other improvements thereon, or to contract for the correction of any deficiencies, and Commission Owner shall be responsible for payment of all such costs actually and reasonably incurred by City and such payment shall constitute a lien on the Property or the Leasehold (as applicable) until paid by Commission Owner pursuant to California Civil Code Section 2881. Any lien created by this Section shall be subject and subordinate to any mortgage encumbering the Property.

Maintenance of the Property. a. Commission4.2.1 Prior to the Closing, Borrower shall prepare and submit to the Administrator (or her designee) for review and approval a program (the “Exterior Maintenance Program”) for the maintenance of the exterior of the structures on the Property. 4.2.2 The Exterior Maintenance Program shall describe in reasonable detail the standards to be followed in maintaining the exterior of the structures on the Property, including a schedule indicating the proposed frequency of each element of maintenance, and shall include, at a minimum, the following: periodic cleaning of the exterior of the structures on the Property, including windows; removing graffiti; removing debris and waste materials and otherwise maintaining outdoor areas of the Property; performing inspections of all exterior features to determine whether repairs are required; conducting periodic protective treatments such as rust removal and caulking; conducting repairs to facades, roof, doors, windows and other exterior features; maintaining fencing and other security devices and systems; and periodic repainting. The Exterior Maintenance Program, including any amendments proposed by Borrower, shall be subject to the approval of the Administrator, and shall be made part of the Agreement Containing Covenants for the project. 4.2.3 For so long as the City Deed of Trust remains unsatisfied of record, Borrower and its successors and assigns, assigns to the Property (the “Owners”) shall maintain the Improvements exterior of the structures on the Property in accordance with the same aesthetic and sound condition (or better) as the condition of the Property at the time City issues a Release of Construction Covenants pursuant to the Agreement, reasonable wear and tear excepted. This standard for the quality of maintenance of the Property shall be met whether or not a specific item of maintenance is listed below. However, representative items of maintenance shall include frequent and regular inspection for graffiti or damage or deterioration or failure, and immediate repainting or repair or replacement of all surfaces, fencing, walls, equipment, etc., as necessary; emptying of trash receptacles and removal of litter; sweeping of public sidewalks adjacent to the Property, on-site walks and paved areas and washing-down as necessary to maintain clean surfaces; maintenance of all landscaping in a healthy and attractive condition, including trimming, fertilizing and replacing vegetation as necessary; cleaning windows on a regular basis; painting the buildings as needed and prior to the deterioration of the painted surfaces; conducting a roof inspection on a regular basis and maintaining the roof in a leak-free and weather-tight condition; maintaining security devices in good working orderapproved Exterior Maintenance Program. In the event Commission, its successors or assigns fails Owners fail to maintain the Improvements exterior of the structures on the Property in accordance with the standard for approved Exterior Maintenance Program, the quality of maintenance, City or its designee shall have the right right, but not the obligation obligation, to enter the Property upon reasonable notice to CommissionProperty, correct any violation, and hold Commission, or such successors or assigns the Owners responsible for the cost thereof, and such cost, until paid, shall constitute a lien on the Property. b. If City gives written notice to Commission that the maintenance or condition of the Property or the Improvements, or any portion thereof or any other improvements thereon, does not comply with this Agreement, Commission 4.2.4 The Agreement Containing Covenants shall correct, remedy or cure the deficiency within thirty (30) days following the date of such notice, unless the notice states that the deficiency is an urgent matter relating to public health and safety, in which case, Commission shall use commercially reasonable efforts to cure such deficiency within forty-eight (48) hours following the date of the notice. Notwithstanding the foregoing, in the event any deficiency of a non-urgent nature is not reasonably capable of being cured within the 30-day time limit set forth in the immediately preceding sentence, Commission shall have such additional period of time to complete a cure as is reasonably necessary, provided that Commission has commenced the cure within the 30-day period (to the extent feasible) and diligently proceeds to cure such deficiency. If Commission fails to cure any such deficiencies within the applicable period described above, City shall have, in addition to any other rights and remedies hereunder, the right to maintain the Property or the Improvements, or any portion thereof or any other improvements thereon, or to contract for the correction of any deficiencies, and Commission shall be responsible for payment of all such costs actually and reasonably incurred by City and such payment shall constitute a lien on the Property until paid by Commission pursuant to California Civil Code Section 2881. Any lien created by contain appropriate provisions implementing this Section shall be subject and subordinate to any mortgage encumbering the Property4.2.

Maintenance of the Property. a. Commission, its successors and assigns, Borrower shall maintain and preserve the Improvements on Project and the Property in the same aesthetic good condition and sound condition (or better) as the condition of the Property at the time City issues a Release of Construction Covenants pursuant to the Agreementrepair, excepting reasonable wear and tear exceptedtear, and in a prudent and businesslike manner. This standard Restoration of damaged improvements shall be made to a condition as good as existed prior to the damage. Borrower shall complete promptly and in a good and workmanlike manner any improvements which may now or hereafter be constructed on the Project or the Property and pay when due all claims for labor performed and material furnished therefor. Borrower shall comply with all laws, ordinances, rules, regulations, covenants, conditions, restrictions, and orders of any governmental authority now or hereafter affecting the quality of maintenance conduct or operation of the Property Project and of Borrower’s business on the Project or any part thereof or requiring any alteration or improvement to be made thereon. Borrower shall be met whether or not a specific item of maintenance is listed below. Howevermaintain abutting grounds, representative items of maintenance shall include frequent and regular inspection for graffiti or damage or deterioration or failuresidewalks, roads, parking, and immediate repainting or repair or replacement landscaped areas in good and neat order and repair. Borrower hereby agrees that Lender may conduct from time to time through representatives of all surfacesits own choice, fencing, walls, equipment, etc., as necessary; emptying of trash receptacles and removal of litter; sweeping of public sidewalks adjacent to the Propertyupon reasonable notice, on-site walks inspections and paved observation of such records of Borrower relating to the Project and the Property as Lender reasonably deems to be necessary or appropriate in order to monitor Borrower’s compliance with the provisions of this Agreement. The Management Plan shall also include an ongoing maintenance program including the following: a. Scheduled preventative maintenance and repair of installed equipment in accordance with manufacturers’ recommendations. b. Routine repairs to kitchen appliances, electrical, plumbing and heating equipment. c. Intentionally Omitted. d. Preventative regular inspections of common areas and washing-down equipment as necessary to maintain clean surfaces; well as regular schedules (daily, weekly, monthly, quarterly, etc.) for maintaining the same. This will include maintenance of all landscaping exterior areas to keep grounds free of graffiti, litter, trash and paper. Parking areas will be maintained in a healthy good repair and attractive condition, including trimming, fertilizing free from dirt and replacing vegetation litter. Common areas such as necessary; cleaning windows hallways and laundry rooms will be swept and cleaned on a regular basis; painting the buildings as needed , but not less than once weekly, and prior kept free of trash and other debris. Garbage removal will be provided through arrangements with a contractor, consistent with applicable City ordinances. The trash areas will be swept daily and scrubbed with disinfectant when necessary. Extermination services will be contracted with to the deterioration of the painted surfaces; conducting provide pest control consistent with high quality apartment management practices. e. Contract with a roof inspection on a regular basis and maintaining the roof in a leak-free and weather-tight condition; maintaining security devices in good working order. In the event Commission, its successors or assigns fails landscape firm to maintain the Improvements landscaped areas in accordance with an attractive and healthy condition. f. Interior painting and carpet cleaning or replacement in individual rooms shall be based on need, substantiated by the standard for the quality of maintenanceannual physical inspection, City or as occupancy changes, or as Borrower or its designee shall have the right but not the obligation to enter the Property upon reasonable notice to Commission, correct any violation, and hold Commission, or such successors or assigns responsible for the cost thereof, and such cost, until paid, shall constitute a lien on the Propertymanagement agent may otherwise deem necessary. b. If City gives written notice to Commission that the maintenance or condition of the Property or the Improvements, or any portion thereof or any other improvements thereon, does not comply with this Agreement, Commission shall correct, remedy or cure the deficiency within thirty (30) days following the date of such notice, unless the notice states that the deficiency is an urgent matter relating to public health and safety, in which case, Commission shall use commercially reasonable efforts to cure such deficiency within forty-eight (48) hours following the date of the notice. Notwithstanding the foregoing, in the event any deficiency of a non-urgent nature is not reasonably capable of being cured within the 30-day time limit set forth in the immediately preceding sentence, Commission shall have such additional period of time to complete a cure as is reasonably necessary, provided that Commission has commenced the cure within the 30-day period (to the extent feasible) and diligently proceeds to cure such deficiency. If Commission fails to cure any such deficiencies within the applicable period described above, City shall have, in addition to any other rights and remedies hereunder, the right to maintain the Property or the Improvements, or any portion thereof or any other improvements thereon, or to contract for the correction of any deficiencies, and Commission shall be responsible for payment of all such costs actually and reasonably incurred by City and such payment shall constitute a lien on the Property until paid by Commission pursuant to California Civil Code Section 2881. Any lien created by this Section shall be subject and subordinate to any mortgage encumbering the Property.

Maintenance of the Property. a. Commission, its successors and assigns, shall maintain Prior to the Improvements on the Property in the same aesthetic and sound condition (or better) as the condition issuance of the Property at Certificate of Occupancy, the time City issues a Release of Construction Covenants pursuant Borrower shall prepare and submit to the Agreement, reasonable wear City for review and tear excepted. This standard approval a program (the “Maintenance Program”) for the quality of exterior and interior maintenance of the Property and the Improvements. The Maintenance Program may be included within its Management Plan. The Maintenance Program shall describe in reasonable detail the standards to be followed in maintaining the interior and exterior of the Improvements, including a schedule indicating the proposed frequency of each element of maintenance, and shall include, at a minimum, the following: periodic cleaning of the interior and exterior of the Improvements, including windows; removing graffiti; removing debris and waste materials and otherwise maintaining indoor and outdoor areas of the Property; maintaining any lawns, plants, shrubs and trees or other landscaping planted on the Property; performing inspections of all exterior features to determine whether repairs are required; conducting periodic protective treatments such as rust removal and caulking; conducting repairs to facades, roof, doors, windows and other exterior features; maintaining fencing and other security devices and systems; periodic repainting of the exterior; periodic repainting of the interior units and common areas; periodic replacing of the interior unit carpets; checking building systems, including, but not limited to the heating and cooling systems, smoke alarms and water heaters; checking interior unit appliances; and monitoring interior unit bathrooms for mold/mildew. The Maintenance Program, including any amendments proposed by the Borrower, shall be met whether or not a specific item of maintenance is listed below. However, representative items of maintenance shall include frequent and regular inspection for graffiti or damage or deterioration or failure, and immediate repainting or repair or replacement of all surfaces, fencing, walls, equipment, etc., as necessary; emptying of trash receptacles and removal of litter; sweeping of public sidewalks adjacent subject to the Property, on-site walks and paved areas and washing-down as necessary to maintain clean surfaces; maintenance of all landscaping in a healthy and attractive condition, including trimming, fertilizing and replacing vegetation as necessary; cleaning windows on a regular basis; painting the buildings as needed and prior to the deterioration reasonable approval of the painted surfaces; conducting a roof inspection on a regular basis City. At all times after Completion of construction during the Restricted Period, the Borrower shall maintain the Property and maintaining the roof in a leak-free and weather-tight condition; maintaining security devices in good working order. In the event Commission, its successors or assigns fails to maintain the Improvements in accordance with the standard approved Maintenance Program. To implement this requirement, Borrower agrees to budget sufficient funds to pay for all reasonably anticipated costs (as indicated in the quality of maintenanceAnnual Maintenance Budget). In the event the Borrower fails to maintain the Property and the Improvements in accordance with the approved Maintenance Program, and does not cure such failure within thirty (30) days following notice from the City, the City or its designee shall have the right right, but not the obligation obligation, to enter the Property upon reasonable notice to CommissionProperty, correct any violation, and hold Commission, or such successors or assigns the Borrower responsible for the cost thereof, and such cost, until paid, shall constitute a lien on the Property. b. If . Prior to undertaking any work to correct any such maintenance deficiency, the City gives shall provide written notice to Commission that the maintenance or condition of the Property or the Improvements, or any portion thereof or any other improvements thereon, does not comply with this Agreement, Commission shall correct, remedy or cure Borrower correct the deficiency within thirty (30) days following the date of such notice, unless the notice states that the deficiency is an urgent matter relating to public health and safety, a reasonable time. The Borrower shall have a reasonable time in which case, Commission shall use commercially reasonable efforts to cure comply following such deficiency within forty-eight (48) hours following notice from the date of the notice. Notwithstanding the foregoing, in the event any deficiency of a non-urgent nature is not reasonably capable of being cured within the 30-day time limit set forth in the immediately preceding sentence, Commission shall have such additional period of time to complete a cure as is reasonably necessary, provided that Commission has commenced the cure within the 30-day period (to the extent feasible) and diligently proceeds to cure such deficiency. If Commission fails to cure any such deficiencies within the applicable period described above, City shall have, in addition to any other rights and remedies hereunder, the right to maintain the Property or the Improvements, or any portion thereof or any other improvements thereon, or to contract for the correction of any deficiencies, and Commission shall be responsible for payment of all such costs actually and reasonably incurred by City and such payment shall constitute a lien on the Property until paid by Commission pursuant to California Civil Code Section 2881. Any lien created by this Section shall be subject and subordinate to any mortgage encumbering the PropertyCity.

Maintenance of the Property. a. CommissionSUBRECIPIENT covenants and agrees for itself, its successors and assigns and every successor in SUBRECIPIENT’s interest in the PROPERTY or any part thereof, that SUBRECIPIENT, and its successors and assigns, shall protect, maintain, and preserve the PROPERTY in compliance with all applicable federal and state law and regulations and local ordinances. In addition, SUBRECIPIENT covenants and agrees for itself, its successors and assigns and every successor in SUBRECIPIENT’s interest in the PROPERTY or any part thereof, that SUBRECIPIENT, and its successors and assigns, shall maintain the Improvements PROPERTY, at its sole cost and expense, including, but not limited to improvements, both interior and exterior, and landscaping on the Property PROPERTY in a first class, clean, safe, sanitary and presentable condition consistent with community standards free from any accumulation of debris and waste, and in a manner which will uphold the same aesthetic and sound condition (or better) as the condition value of the Property at the time City issues a Release of Construction Covenants pursuant to the Agreement, reasonable wear and tear exceptedPROPERTY. This standard for the quality of maintenance of the Property PROPERTY shall be met whether or not a specific item of maintenance is listed below. However, representative items of maintenance shall include frequent and regular inspection for graffiti or damage or deterioration or failure, and immediate repainting or repair or replacement of all surfaces, fencing, walls, equipment, etc., as necessary; emptying of trash receptacles and removal of litter; sweeping of public sidewalks adjacent to the PropertyPROPERTY, on-site walks and paved areas and washing-down as necessary to maintain clean surfaces; maintenance of all landscaping in a healthy and attractive condition, including trimming, fertilizing and replacing vegetation as necessary; cleaning windows on a regular basis; painting the buildings as needed and prior to the deterioration of the painted surfaces; conducting a roof inspection on a regular basis and maintaining the roof in a leak-free and weather-tight condition; maintaining security devices in good working order. In the event CommissionSUBRECIPIENT covenants and agrees for itself, its successors and assigns and every successor in SUBRECIPIENT’s interest in the PROPERTY or assigns any part thereof, that SUBRECIPIENT, and its successors and assigns, in the event SUBRECIPIENT, or its successors and assigns, fails to maintain the Improvements PROPERTY in accordance with the standard for the quality of maintenance, City the COUNTY or its designee shall have the right but not the obligation to enter the Property PROPERTY upon reasonable notice to CommissionSUBRECIPIENT (and the successor or assign that is then the owner of the PROPERTY), correct any violation, and hold CommissionSUBRECIPIENT, or such successors or assigns responsible for the cost thereof, and such cost, until paidif unpaid after fifteen (15) days, shall constitute be assessed as a lien on against the PropertyPROPERTY with interest at the highest rate permitted by law. b. If City gives written notice to Commission that the maintenance or condition of the Property or the Improvements, or any portion thereof or any other improvements thereon, does not comply with this Agreement, Commission shall correct, remedy or cure the deficiency within thirty (30) days following the date of such notice, unless the notice states that the deficiency is an urgent matter relating to public health and safety, in which case, Commission shall use commercially reasonable efforts to cure such deficiency within forty-eight (48) hours following the date of the notice. Notwithstanding the foregoing, in the event any deficiency of a non-urgent nature is not reasonably capable of being cured within the 30-day time limit set forth in the immediately preceding sentence, Commission shall have such additional period of time to complete a cure as is reasonably necessary, provided that Commission has commenced the cure within the 30-day period (to the extent feasible) and diligently proceeds to cure such deficiency. If Commission fails to cure any such deficiencies within the applicable period described above, City shall have, in addition to any other rights and remedies hereunder, the right to maintain the Property or the Improvements, or any portion thereof or any other improvements thereon, or to contract for the correction of any deficiencies, and Commission shall be responsible for payment of all such costs actually and reasonably incurred by City and such payment shall constitute a lien on the Property until paid by Commission pursuant to California Civil Code Section 2881. Any lien created by this Section shall be subject and subordinate to any mortgage encumbering the Property.

Maintenance of the Property. a. CommissionLeasing Before Closing --------------------------------------------------- Between the Effective Date and the Closing, its successors Seller shall keep the Property insurance in full force and assignseffect, shall maintain the Improvements on the Property in the same aesthetic and sound condition (or better) as the condition of the Property at the time City issues a Release of Construction Covenants pursuant to the Agreementgood repair, reasonable wear and tear excepted. This standard for , shall perform all work required to be done under the quality terms of maintenance of the Property shall be met whether any lease or not a specific item of maintenance is listed below. However, representative items of maintenance shall include frequent and regular inspection for graffiti or damage or deterioration or failure, and immediate repainting or repair or replacement of all surfaces, fencing, walls, equipment, etc., as necessary; emptying of trash receptacles and removal of litter; sweeping of public sidewalks adjacent agreement relating to the Property, on-site walks and paved areas shall timely make all repairs, maintenance and washing-down replacements of equipment or improvements, the same as necessary to maintain clean surfacesthough Seller were retaining the Property; maintenance of all landscaping except that in a healthy and attractive condition, including trimming, fertilizing and replacing vegetation as necessary; cleaning windows on a regular basis; painting the buildings as needed and prior to the deterioration of the painted surfaces; conducting a roof inspection on a regular basis and maintaining the roof in a leak-free and weather-tight condition; maintaining security devices in good working order. In the event Commissionof a fire or other casualty, its successors damage or assigns fails to maintain the Improvements in accordance with the standard for the quality of maintenanceloss, City or its designee Seller shall have no duty to repair said damage, other than as stated in Section 7.2 above. However, Seller may repair any such damage with Purchaser's prior, written approval and may, without Purchaser's approval, repair damage where such repair is necessary in Seller's reasonable opinion to preserve and protect the right but not the obligation to enter the Property upon reasonable notice to Commission, correct any violation, health and hold Commission, or such successors or assigns responsible for the cost thereof, and such cost, until paid, shall constitute a lien on the Property. b. If City gives written notice to Commission that the maintenance or condition safety of tenants of the Property or to preserve the Improvements, Property from imminent risk of further damage or any portion thereof or any other improvements thereon, does not comply with this Agreement, Commission if required to do so by Seller's insurance carrier. Any such emergency repairs shall correct, remedy or cure the deficiency within thirty (30) days following the date of such notice, unless the notice states that the deficiency is an urgent matter relating be reported to public health and safety, in which case, Commission shall use commercially reasonable efforts to cure such deficiency Purchaser within forty-eight (48) hours following after their commencement. During the period after the Effective Date and prior to the Closing, Seller shall not amend any existing lease in any material respect and shall not lease any portion of the Real Property unless such lease has been approved in writing by Purchaser. Seller's request for approval shall include a copy of any leasing commission agreement, a quote for the cost of any tenant improvements and a copy of the proposed lease. Any such proposed lease shall be on Seller's standard form of lease and, (i) during the Feasibility Period shall be reviewed and approved or rejected within two (2) business days after receipt thereof by Purchaser; and (ii) after the Feasibility Period and prior to Closing shall be reviewed and approved or rejected within five (5) business days after receipt thereof by Purchaser, approval during both time periods not to be unreasonably withheld. Failure to approve or reject such proposed lease within such applicable time periods shall be deemed approval. If the proposed lease is rejected, then Seller shall not enter into such lease. With respect to any leases entered into between the Effective Date hereof and the Closing Date, Purchaser shall pay the unamortized cost (based on the number of months in the entire term of the lease for which rent is paid and the number of such months that shall have occurred as of the date of the noticeClosing) of all tenant improvements and commercially reasonable third-party leasing commissions with respect thereto. Notwithstanding Between the foregoingEffective Date and the Closing Date, in the event Seller shall not enter into any deficiency of a non-urgent nature is not reasonably capable of being cured within the 30-day time limit set forth in the immediately preceding sentence, Commission shall have such additional period of time to complete a cure as is reasonably necessary, provided that Commission has commenced the cure within the 30-day period (to the extent feasible) and diligently proceeds to cure such deficiency. If Commission fails to cure new or modify any such deficiencies within the applicable period described above, City shall have, in addition to any other rights and remedies hereunder, the right to maintain current service or maintenance contracts for the Property or the Improvements, or any portion thereof or any other improvements thereon, or to contract for term(s) of which extend beyond the correction of any deficiencies, and Commission shall be responsible for payment of all such costs actually and reasonably incurred by City and such payment shall constitute a lien on the Property until paid by Commission pursuant to California Civil Code Section 2881. Any lien created by this Section shall be subject and subordinate to any mortgage encumbering the PropertyClosing Date.

Maintenance of the Property. a. CommissionDeveloper, its successors and assigns, shall maintain the Improvements on the Property in the same aesthetic and sound condition (or better) as the condition of the Property at the time City issues a Release of Construction Covenants pursuant to the Agreement, reasonable wear and tear excepted. This standard for the quality of maintenance of the Property shall be met whether or not a specific item of maintenance is listed below. However, representative items of maintenance shall include frequent and regular inspection for graffiti or damage or deterioration or failure, and immediate repainting or repair or replacement of all surfaces, fencing, walls, equipment, etc., as necessary; emptying of trash receptacles and removal of litter; sweeping of public sidewalks adjacent to the Property, on-site walks and paved areas and washing-down as necessary to maintain clean surfaces; maintenance of all landscaping in a healthy and attractive condition, including trimming, fertilizing and replacing vegetation as necessary; cleaning windows on a regular basis; painting the buildings as needed and prior to the deterioration of the painted surfaces; conducting a roof inspection on a regular basis and maintaining the roof in a leak-free and weather-tight condition; maintaining security devices in good working order. In the event CommissionDeveloper, its successors or assigns fails to maintain the Improvements in accordance with the standard for the quality of maintenance, City or its designee shall have the right but not the obligation to enter the Property upon reasonable notice to CommissionDeveloper, correct any violation, and hold CommissionDeveloper, or such successors or assigns responsible for the cost thereof, and such cost, until paid, shall constitute a lien on the Property. b. If City gives written notice to Commission Developer that the maintenance or condition of the Property Property, the Leasehold or the Improvements, or any portion thereof or any other improvements thereon, does not comply with this Agreement, Commission Developer shall correct, remedy or cure the deficiency within thirty (30) days following the date of such notice, unless the notice states that the deficiency is an urgent matter relating to public health and safety, in which case, Commission Developer shall use commercially reasonable efforts to cure such deficiency within forty-eight (48) hours following the date of the notice. Notwithstanding the foregoing, in the event any deficiency of a non-urgent nature is not reasonably capable of being cured within the 30-day time limit set forth in the immediately preceding sentence, Commission Developer shall have such additional period of time to complete a cure as is reasonably necessary, provided that Commission Developer has commenced the cure within the 30-30- day period (to the extent feasible) and diligently proceeds to cure such deficiency. If Commission Developer fails to cure any such deficiencies within the applicable period described above, City shall have, in addition to any other rights and remedies hereunder, the right to maintain the Property Property, the Leasehold or the Improvements, or any portion thereof or any other improvements thereon, or to contract for the correction of any deficiencies, and Commission Developer shall be responsible for payment of all such costs actually and reasonably incurred by City and such payment shall constitute a lien on the Property or the Leasehold (as applicable) until paid by Commission Developer pursuant to California Civil Code Section 2881. Any lien created by this Section shall be subject and subordinate to any mortgage encumbering the Property.