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C. The Affordable Units shall be the one -bedroom units as shown in the approved
<br />Design Review application
<br />D. The Affordable Units shall have comparable interior standards of quality as the
<br />market rate units but may have fewer amenities. For purposes of this Agreement,
<br />"Amenities" shall mean any interior features which are not essential to the health
<br />and safety of the resident, but provide visual or aesthetic appeal, or are provided
<br />as conveniences rather than as necessities. Amenities include things such as
<br />"fireplaces, garbage disposals, dishwashers, cabinet and storage space, and
<br />bathrooms in excess of one" but does not include items required by city building
<br />codes or other ordinances that are necessary to ensure the safety of the building
<br />and its residents.
<br />E. All Affordable Units shall remain affordable in perpetuity.
<br />4. Affordable Unit Requirements
<br />A. Affordable Units shall be subdivided into independent units.
<br />B. Prior to the formation of a homeowners' association or sale to a resident,
<br />whichever occurs later, the Owner shall maintain the Project and the Property in
<br />good repair and working order, reasonable wear and tear excepted, and in a safe
<br />and sanitary condition, and from time to time shall make all necessary and proper
<br />repairs, renewals, and replacements to keep the Project and the Property in a
<br />good, clean, safe, and sanitary condition.
<br />C. Until the first sale, Owner shall comply with all applicable recordkeeping and
<br />monitoring requirements set by the City for the Affordable Units. Owner agrees to
<br />maintain records in businesslike manner, and for a period of five (5) years after
<br />the first sale.
<br />i. Upon the sale by the Owner of an Affordable Unit to a third party, Owner is
<br />required to provide City with all transaction records for such sale, but then
<br />Owner shall have no further recordkeeping or monitoring requirements,
<br />except to maintain such original sale records for a period of five (5) years.
<br />D Owner covenants by and for itself, its successors and assigns, and all persons
<br />claiming under or through them that there shall be no discrimination against or
<br />segregation of any person or group of persons on account of race, color, religion,
<br />sex, marital status, familial status, disability, national origin, or ancestry in the sale,
<br />lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property,
<br />nor shall any occupant of any Affordable Unit or any person claiming under or
<br />through such occupant, establish or permit any such practice or practices of
<br />discrimination or segregation with reference to the selection, location, number,
<br />use, or vendees in the Property. Owner shall include such provision in all deeds
<br />and other instruments executed by Owner, and shall enforce the same diligently
<br />and in good faith.
<br />E. The Sales Price for a qualified household or housing provider will be as provided
<br />in Section 1, above, with Owner to receive $375,000 per Affordable Unit.
<br />P23-0177 — 3200 Hopyard
<br />Draft Affordable Housing Agreement
<br />Page 3 of 12
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