80A - SETTLEMENT AGMT FINAL VERSION

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which prospective tenants will be reviewed for final determination of eligibility. If a household who was selected claimed a preference but could not verify such preference, then that participant will be deemed ineligible and the next selected participant will be notified. 8. Maintenance. The Developer shall maintain each Phase of the Rental Portion of the Project, or cause same to be maintained in a decent, safe and sanitary manner, and in accordance with the standard of maintenance of affordable housing apartment units within Orange County, California. If at any time the Developer fails to maintain each Phase of the Rental Portion of the Project in accordance with this Agreement and such condition is not corrected within five (5) days after written notice from the Agency with respect to graffiti, debris, and waste material, or thirty (30) days after written notice from the Agency with respect to general maintenance, landscaping and building improvements, then the Agency, in addition to whatever remedy it may have at law or in equity, shall have the right to enter upon such Phase and perform all acts and work necessary to protect, maintain, and preserve the such Phase, and to attach a lien upon such Phase, or to assess such Phase in the amount of the expenditures arising from such acts and work of protection, maintenance, and preservation by the Agency and/or costs of such cure, including a reasonable administrative charge, which amount shall be promptly paid by the Developer to the Agency upon demand. 9. Management Plan; Property Management. For each Phase of the Rental Portion of the Project, the Developer shall submit for the reasonable approval of the Agency a "Management Plan" which sets forth in detail the Developer's property management duties, a tenant selection process and crime prevention program, the procedures for the collection of rent, the procedures for eviction of tenants, the rules and regulations of the Rental Portion of the Project and manner of enforcement, a standard lease form, an Operating Budget, the identity of the manager of the Rental Portion of the Project (the "Property Manager"), and other matters relevant to the management of the Rental Portion of the Project. The management of the Rental Portion of the Project shall be in compliance with the Management Plan which is approved by the Agency. The Agency hereby approves Related Management Company, L.P. as the Property Manager for each Phase of the Rental Portion. If the Agency determines that the performance of the Property Manager as to a particular Phase is deficient based upon the standards set forth in the Management Plan and in this Agreement, the Agency shall provide notice to the Developer of such deficiencies, and the Developer shall use its best efforts to correct such deficiencies. In the event that such deficiencies have not been cured within the time set forth in Section 501, the Agency shall have the right to require the Developer to immediately remove and replace the Property Manager for such Phase with another property manager or property management company which is reasonably acceptable to the Agency, which is not related to or affiliated with the Developer, and which has not less than five (5) years experience in property management, including significant experience managing housing facilities of the size, quality and scope of the applicable Phase of the Rental Portion of the Project. 10. Monitoring and Recordkeeping. Throughout the Affordability Period, Developer shall comply with all applicable recordkeeping and monitoring requirements set forth in Health and Safety Code Section 33418 and shall annually complete and submit to the Agency a report, prior to January 30th of each year, for each Phase of the Rental Portion which includes ATTACHMENT NO. 7-4 D O G S OG 14 0067 3 v 141200272-0001