RES 14664 - Laserfiche WebLink

ATTACHMENT 1 amenities deemed significant for disabled access. Developer may utilize adaptable design features such as removable grab bars, concealed knee space under sinks and adjustable counterparts as approved by City to facilitate non-disabled tenants. Developer shall market the availability of these units to disability support groups and maintain an active waiting list of interested disabled persons,but may rent to any income qualified applicant if a qualified disabled applicant is not 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. In lieu of providing any Affordable units required hereunder and in full satisfaction of all requirements of Developer under this Agreement, City may elect,not later than the first to occur of one year after the effective date of this Agreement or forty-five(45)days after Developer notifies City in writing of its intent to apply for a building permit,to require a one time in-lieu fee in the amount of Two Million Three Hundred Thousand Dollars($2,300,000), which shall be payable upon certificates of occupancy. Developer may elect to phase construction of the project such that multiple Certificates of Occupancy will be issued. If multiple Certificates of Occupancy are issued the onetime fee of $2,300,000 will be prorated based upon the number of residential units included in each Certificate of Occupancy when issued. Notwithstanding the preceding provisions of this Section 5 to the contrary, in the event City elects to require payment of such in-lieu fee,Developer shall still include within one of the 1- bedroom units, one of the 2-bedroom units and one of the 3-bedroom units within the Project,the design, marketing and rental requirements for access by the physically disabled as described in Section 3 above;provided,however,that Developer shall not be required to meet any affordability requirements with respect to such units. 6. The obligations under this Agreement apply unless the PUD Development Plan (approved by the City Council by its Ordinance 14-XXX)expires and the Project is not constructed prior to expiration of said PUD Development Plan(as it is extended by the Development Agreement approved by the City Council by its Ordinance 14-YYY). 7. The effective date of this Agreement shall be the date upon which Ordinance 14- xxx, approving the PUD Development Plan becomes effective. 8. This Agreement shall be recorded in Alameda County and shall run with the land. 4