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E. The rents described herein shall exclude utilities in the broadest sense, <br />including, but not limited to gas, electricity, water, garbage, television <br />cable, telephone, and internet service; provided, however, that if any or all <br />of such utilities are offered at no cost to market rate units they shall also <br />be offered at no cost to the Affordable units. <br />F. The Affordable units shall be dispersed throughout the Project unless <br />otherwise approved by the City. The Affordable units shall not be fixed in <br />the Project and may change depending on vacancies. <br />G. The Affordable units shall have the same interior standards of quality <br />(e.g., appliances, interior features/amenities, services, etc.) as the market <br />rate units. <br />H. All Affordable units shall be rented to qualified applicants in accordance <br />with the City's Preference System, as may be amended, with the most <br />current version set forth in Attachment 2. <br />I. Once each year, the Developer (or the Developer's successor in interest) <br />shall provide the City a report detailing the average annual income of <br />tenants occupying the Affordable units for each of the income categories <br />listed in Section 1(A) above, the number persons in each household <br />occupying the Affordable units, the number of vacancies and new rentals <br />during the year for the Affordable units. <br />J. All Affordable units shall be subject to this Agreement for perpetuity. <br />2. The Developer, with City consultation, shall assume all responsibility to market <br />the Affordable units. Marketing shall be in accordance with City eligibility and <br />income guidelines in- conformance with the City's Preference System. Marketing <br />material, leases, rent -up schedules and -other printed material related to the <br />Affordable units is subject to City approval. <br />3. One of the Affordable 1- bedroom units, one Affordable 2- bedroom unit, and one <br />Affordable 3- bedroom unit as included in 1(A) above shall be fully accessible for <br />the physically disabled. Unit design shall include amenities such as grab bars in <br />bathrooms, modified case work, wide doors, sufficient clear floor space for <br />wheelchairs, lower countertop segments, seats at bathing fixtures, knee space <br />under sinks and counters, switches and controls in easily reached locations, <br />entrances free of steps and stairs, an accessible route through the units, and other <br />amenities deemed significant for disabled access. Developer may utilize adaptable <br />design features such as removable grab bars, concealed knee space under sinks <br />and adjustable counterparts as approved by City to facilitate non - disabled tenants. <br />Developer shall market the availability of these units to disability support groups <br />and maintain an active waiting list of interested disabled persons, but may rent to <br />any applicant if a qualified disabled applicant is not available for a period of <br />twenty -one (21) days after the initial marketing. If the disabled unit is rented to a <br />non - disabled person, Developer shall attempt to facilitate relocation to a non - <br />disabled unit should a qualified disabled applicant become available. <br />3 <br />#23042387_v6 <br />