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<br />J. Once each year, the Owner shall provide the City a report detailing the project <br />budget showing project expenditures and revenues, the average annual income of <br />tenants occupying the Affordable units, the number of one, two and three person <br />households occupying the Affordable units, the number of vacancies and new <br />rentals during the year for the Affordable units and the current rent structure for. <br />all 172 units. <br /> <br />K. Owner shall provide to the City for its approval the new rents for the Affordable <br />units at least thirty days prior to implementing the new rents. <br /> <br />L. All Affordable units shall be subject to this Agreement for perpetuity. <br /> <br />2. City shall waive its Lower Income Housing Fee for all 362 units and shall waive its <br />Public Facilities Fee, Local Traffic Impact Fee, City Water Connection Fee and City <br />Sewer Connection Fee for the 138 Affordable units. <br /> <br />3. To assist with the funding of six (6) Affordable units at 50% of the Area Median Income <br />and seven (7) two bedroom units at 60% of the Area Median Income, the City shall <br />provide to the Owner at the time the apartment project is ready for occupancy a loan in <br />the amount of$205,OOO, which loan shall accrue no interest and be due and payable in <br />full in or within 15 years from the date of the loan. <br /> <br />4. Owner, with City's cooperation, shall assume all responsibility to market the Affordable <br />units. Marketing shall be in accordance with City eligibility and income guidelines and <br />shall include conducting a public drawing to allocate applications used to determine <br />program eligibility and qualification. The drawing shall be in conformance with the City <br />Preference System, as that system exists at the time the lottery is conducted. <br /> <br />5. City may elect to utilize its Lower Income Housing Fund (or other funding sources) to <br />make available additional Affordable units or to make the units more affordable than <br />those provided in this Agreement. Owner shall cooperate with City in these efforts. <br /> <br />6. Owner shall construct two I-bedroom Affordable units and one 2-bedroom Affordable <br />unit located on the first floor of the Project to be fully assessable for wheelchair use. This <br />shall include wider doorways, accessibility to bathroom facilities in excess of the other <br />Affordable units, lowered countertops and light switches, easy access light fixtures and <br />other amenities required to address this matter. <br /> <br />7. Owner shall design and construct the Project to comply with the "adaptable" <br />requirements as set forth in State Title 24 Accessibility Standards. Items include grab <br />bars, use of leveling hardware, using dimensions that accommodate disabled residents <br />and outlets and electrical outlets and light switches at accessible heights. <br /> <br />8. Occupancy in the development shall be restricted to households where at least one <br />member of the household is sixty-two (62) years of age. <br /> <br />3 <br />