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(a) Operation. During the Term of Agreement, Developer shall at all <br />times operate on the Project an affordable housing rental facility in compliance with this <br />Agreement and the Affordability Restrictions on Transfer of Property. <br />(b) Maintenance. During the Term of Agreement, Developer agrees to <br />maintain all interior and exterior improvements, including landscaping (and all abutting <br />ground, sidewalks, roads, parking and landscape areas) on the Project in good condition, <br />repair and sanitary condition (and, as to landscaping, in a healthy condition) and in <br />accordance with any Management Plan approved by the City under this Loan Agreement <br />(such approval not to be unreasonably withheld or delayed) (including without limitation <br />any landscape and signage plans), as the same may be amended from time to time, and all <br />other applicable laws, rules, ordinances, orders, and regulations of all federal, state, county, <br />municipal, and other governmental agencies and bodies having jurisdiction and all their <br />respective departments, bureaus, and officials. Developer acknowledges the great <br />emphasis the City places on quality maintenance to protect its investment and to provide <br />quality affordable housing for its constituents and to ensure that all City -subsidized <br />affordable housing projects within the City are not allowed to deteriorate due to deficient <br />maintenance. In addition, Developer shall keep the Project free from all graffiti and any <br />accumulation of debris or waste material. Developer shall promptly make all repairs and <br />replacements necessary to keep the Project in good condition and repair and shall promptly <br />eliminate all graffiti and replace dead and diseased plants and landscaping with comparable <br />approved materials. Developer shall not commit or permit any waste or deterioration of <br />the Project, shall not abandon any portion of the Project, and shall not otherwise act, or fail <br />to act, in such a way as to unreasonably increase the risk of damage to the Project. <br />In the event that Developer breaches any of the covenants contained in this Section <br />7.5 and such default continues for a period of five (5) days after written notice from the <br />City (with respect to graffiti, debris, waste material, and general maintenance) or thirty (30) <br />days after written notice from the City (with respect to landscaping and building <br />improvements), then City, in addition to whatever other remedies it may have under this <br />Agreement, the other Loan Documents or at law or in equity, shall have the right to enter <br />upon the Project and perform or cause to be performed all such acts and work necessary to <br />cure the default. Pursuant to such right of entry, the City shall be permitted (but not <br />required) to enter upon the Project and perform all acts and work necessary to protect, <br />maintain and preserve the improvements and landscaped areas on the Project, in the amount <br />of the expenditure arising from such acts and work of protection, maintenance, and <br />preservation by City and/or reasonable costs of such cure, including a fifteen percent (15%) <br />administrative charge, which amount shall be promptly paid by Developer to City upon <br />demand. <br />(c) Removal of Personal Property. During the Term of Agreement, <br />Developer shall not cause or permit the removal from the Project of any items of <br />Developer's personal property (other than tools and equipment used in the operation of the <br />Project) unless (i) no Event of Default remains uncured and (ii) Developer promptly <br />substitutes and installs on the Project other items of equal or greater value in the operation <br />of the Project, all of which shall be free of liens and shall be subj ect to the liens of the Deed <br />of Trust and the Financing Statement and executes and delivers to City all documents <br />17 <br />The Crossroads at Washington <br />City NSP Loan Agreement <br />