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I. Once each year. Owner (or Owner's successor in interest) shall provide City <br /> with a report detailing the average annual income of tenants occupying the <br /> Affordable Units for each of the income categories described in Section 1(C) <br /> above, the number of persons for each household occupying an Affordable <br /> Unit, and the number of vacancies and new rentals during the year for the <br /> Affordable Units. <br /> J. All Affordable Units shall be subject to this Agreement for perpetuity. <br /> K. Owner. with City consultation, shall assume all responsibility to market the <br /> Affordable Units. Marketing shall be in accordance with City eligibility and <br /> income guidelines in conformance with the City's Preference System, unless <br /> otherwise mandated by federal or state laws(including, without limitation, laws <br /> and regulations governing fair housing and low-income tax credits), in which <br /> case City and Owner shall mutually agree to a different process as permitted by <br /> such laws and regulations. Marketing material, the form of lease, rent-up <br /> schedules, and other publicly disseminated printed materials related to the <br /> Affordable Units shall be subject to City's approval in its reasonable discretion. <br /> L. Owner shall accept Section 8 vouchers as a means of assisting qualified <br /> applicants/residents with Affordable Units. <br /> 2. Alternative Compliance With IZO <br /> A. The IZO requires that `all inclusionary units in a project shall be <br /> constructed 'concurrently within or prior to construction of the market rate <br /> units'. <br /> B. The IZO also permits the payment of an Affordable Housing Fee (as defined <br /> below) in lieu of constructing the inclusionary units, with such fee payable at time <br /> of issuance of building permits for the development. As used herein, (i) <br /> "Affordable Housing Fee" means the IZO in-lieu fee (under City Municipal Code <br /> section 17.44.080 (E)) in effect at the time Owner submitted the Preliminary <br /> Application for the Project, subject to any annual fee adjustments permitted <br /> under PMC section 17.40.070 (for the avoidance of doubt, the Affordable <br /> Housing Fee (taking into account applicable annual fee adjustments) in effect as <br /> of January 1, 2025 is $52,203.00 per Market Rate Unit) which amount shall be <br /> adjusted (based on the $50,480 Affordable Housing Fee plus applicable annual <br /> fee adjustments) at the time of the issuance of the building permit; and (ii) <br /> Market Rate Unit means any single-family residence in the Single-Family <br /> Component. <br /> C. Owner is proposing an alternative means of compliance for the IZO. <br /> Notwithstanding any provisions of the IZO to the contrary. City and Owner agree <br /> that Owner shall have the right to commence and complete construction of <br /> Market Rate Units ahead of construction of Affordable Units, subject to the <br /> following: <br /> 1. If Owner seeks building permit(s) for Market Rate Unit(s) prior to City issuing <br /> building permit(s) for the number of Affordable Units required to satisfy the <br /> resulting Affordable Units Requirement (as defined below), Owner shall deposit <br /> with City as security, concurrent with the issuance of the building permit(s) <br /> being sought for the applicable Market Rate Unit(s), the amount ("Fee <br /> 4 <br /> 158739848.5 <br />