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other than tenants qualifying tinder the very low income restriction; set forth above. L. All Affordable units shall be subject to this Agreement for perpetuity. 2. The Developer,with City consultation,shall assume all responsibility to iv arket the Affordable units. Marketing shall be in accordance with City eligibility and income guidelines in-conformance with the City's Preference System, unless otherwise mandated by federal or state laws governing fair housing and low income housing to c credits upon which the City and Developer shall mutually agree to a different process as permitted by law. Marketing material,leases, rent-up schedules and-other printed material related to the Affordable units is subject to City approval,in its reasonable discretion. 3. One of the Affordable I-bedroom units,one Affordable 2-bedroom units and one Affordable 3-bedroom units as included in 1(A) above shall be fully accessible for the physically disabled. Unit design shall include amenities such as grab bars in bathrooms, modified case work,wide doors,sufficient clear floor space for wheelchai s, lower countertop segments,seats at bathing fixtures,knee space under sinks and counters, switches and controls in easily reached locations,entrances free of steps and stairs,an accessible route through the units,and other amenities deemed significant for disabled access. Developer may utilize adaptable design features such as removable grab bars, concealed knee space under sinks and adjustable countertops as approved by the City to facilitate nondisabled tenants. Developer shall market the availability of tFese units to disability support groups and maintain an active waiting list of interested disabled persons but may rent to any applicant if a qualified disabled applicant in nvt available for a period of twenty-one (21) days after the initial marketing. If the disabled unit is rented to a non-disabled person, Developer shall attempt to facilitate relocation to a non- disabled unit should a qualified disabled applicant become available. 4. Developer shall accept Section 8 vouchers as a means of assisting qualified applicants/residents. 5. This Agreement shall be recorded in Alameda County prior to issuance of a final certificate of occupancy for the Project and shall run with the land. Upon any transfer of the Project, the transferring entity shall be released from liability under this Agreement upon acknowledgement of responsibility by the transferee entity. 6. The obligations under this Agreement are nonrecourse obligations of Developer,and no partner of Developer shall have any personal liability in connection herewith. 7. If Developer fails to perform an obligation hereunder,and such failure continues for thirty (30)days after receipt of written notice of such failure by the City (or such longer period of time as may be reasonably necessary to cure such failure) then Developer shall be in default hereunder and the City's sole remedy hereunder shall be to pursue an action for specific performance against Developer. 4