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Prior to issuance of the Certificate of Occupancy, Developer shall submit and obtain <br />approval from the PBA a Parking Management Plan (the "PMP") including those measures above. <br />The approved PMP shall be adhered to and be enforced by the Project at all times. <br />4.16 Marketing and Resident Selection Plan. Each Affordable Unit shall be leased to <br />Eligible Households selected by Developer who meet all of the requirements provided herein. <br />Prior to Certificate of Occupancy, Developer shall prepare and obtain City's approval of a <br />marketing program and resident selection plan for the leasing of the Affordable Units at the Project <br />("Marketing Program"). The leasing of the Affordable Units shall thereafter be marketed in <br />accordance with the Marketing Program as the same may be amended from time to time with <br />City's prior written approval. Upon request, Developer shall provide City with periodic reports <br />with respect to the leasing of the Housing Units. <br />4.16.1 The Marketing Program shall include, but is not limited to, marketing and <br />community outreach activities, proposed tenant selection criteria, occupancy standards, <br />income requirements, timeline and details for outreach and marketing, data collection, <br />record keeping and monitoring, procedures for complaints, and compliance assessment. <br />Components of the resident selection plan shall include, but are not limited to, the <br />application process, interview procedure, apartment offer and assignment, rejected <br />applications, and wait list management. All requirements set forth herein shall be <br />incorporated in the Marketing Program. <br />5. [INTENTIONALLY RESERVED] <br />6. TERM OF THIS AGREEMENT <br />6.1 Term. The term of this Agreement ("Density Bonus Housing Agreement Term") <br />shall commence on the Effective Date and shall continue until the date that is fifty-five (55) years <br />after the City issues the last certificate of occupancy for the building in which the Affordable Units <br />are located. <br />7. DEFAULT AND TERMINATION, INDEMNIFICATION <br />7.1 Default. Failure or delay by any Party to perform any term or provision of this <br />Agreement, which is not cured within thirty (30) days after receipt of notice from the other Party <br />specifying the default (or such other period specifically provided herein), constitutes a default <br />under this Agreement; provided, however, if such default is of the nature requiring more than thirty <br />(30) days to cure, the defaulting Party shall avoid default hereunder by commencing to cure within <br />such thirty (30) day period, and thereafter diligently pursuing such cure to completion within an <br />additional sixty (60) days following the conclusion of such thirty (30) day period (for a total of <br />ninety (90) days). Except as required to protect against further damages, the injured Party may <br />not institute proceedings against the Party in default until the time for cure has expired. Failure or <br />delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time <br />of default. <br />13 <br />