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Plan the tenant selection policies in accordance with Section 5, above. <br />12. If at any time the City determines that the units are not being managed or <br />maintained in accordance with the approved Management Plan, the City shall send the <br />Developer a detailed description of the management deficiencies (a "Deficiency Notice"). <br />If the deficiencies set forth in the Deficiency Notice are not cured within sixty (60) days <br />(or such longer period as may be reasonably required to cure the deficiency), the Executive <br />Director may require Developer to change management practices or to terminate the <br />management contract and designate and retain a different management agent. The <br />management agreement shall provide that it is subject to termination by Developer without <br />penalty, upon thirty (30) days prior written notice, at the direction of the Executive Director <br />upon failure to cure a Deficiency Notice within the time period specified above. Within <br />thirty (30) days following a direction of the Executive Director to replace the management <br />agent in accordance with the terms hereof, the Developer shall select another management <br />agent or make other arrangements satisfactory to the Executive Director or designee for <br />continuing management of the units. <br />12.1. Marketing Plan. The marketing plan will apply to all of the units in the <br />Project, except the one manager's unit. The Developer shall submit a marketing plan for <br />review and approval by the Executive Director which approval will not be unreasonably <br />withheld, conditioned or delayed. The marketing plan must contain procedures that ensure <br />marketing of the Restricted Units to Extremely Low Income households throughout the <br />City. Such procedures shall be applicable for initial rent -up and ongoing marketing of the <br />units throughout the term of these Restrictions. Developer shall advertise vacancies of the <br />Restricted Units in general distribution newspapers that circulate throughout the City. <br />Where the Developer utilizes other forms of advertising, such advertising shall also be <br />distributed throughout the City. <br />13. The covenants established in these Restrictions and any amendments hereto <br />approved by the City and Developer shall, without regard to technical classification and <br />designation, be binding for the benefit and in favor of the City and their respective <br />successors and assigns. These Restrictions shall remain in effect for sixty-two (62) years <br />from the issuance of the Certificate of Completion. In its discretion, the City may defer <br />repayment of the NSP Loan or the City may agree to such reasonable modifications to the <br />requirements of these Restrictions, as they may determine are necessary for the continued <br />maintenance and operation of the Restricted Units. The covenants against discrimination <br />shall remain in effect for the period of these Restrictions. <br />14. Developer shall not request disbursement of NSP funds until the funds are needed <br />to pay eligible costs. The City shall have the right to disapprove any request if the City <br />determines the request is for an ineligible item or is otherwise not in compliance with or <br />inconsistent with the Loan Agreement and these Restrictions [24 CFR 92.504 (c)(10)]. <br />10 <br />The Crossroads at Washington <br />City NSP Affordability Restrictions on Transfer of Property <br />