RES 87423 - Laserfiche WebLink

-- ~i-32 1969 c. Any increase in rents for lower income units during the preceding year and the effective date of such rent increases. d. A listing by unit number, of which units were occupied by and which units are reserved for lower income households as of January I of that year. e. A calculation of the percentage of designated lower income unite and of the total units in the Project which were vacant on the date of the Annual Report. f. A statement that to the knowledge of the Developer no default has occurred under this Agreement. 7. Further Investigation. Upon receipt of the Annual Report, the City's Director of Planning and Community Development ("Director") shall file the Annual Report, and may undertake further investigation as deemed appropriate. If any such further investigation reveals possible violations of the terms of this Agreement, the Director shall issue a Notice of Noncompliance to the Developer specifying the basis for any alleged violation of this Agreement. If the Developer and the Director cannot resolve the matter, then the Developer shall be given notice and opportunity to respond before the City Council. 8. Remedies for Noncompliance. If the City Council, after notice and hearing, shall find on the basis of substantial evidence that the Developer has not complied with the terms of this Agreement, then, in addition to enforcing its other rights at law or in equity, the City may act as follows: a. Technical Noncompliance. Minor and unintentional violations of this Agreement shall be fined the dollar value of an infraction as set forth in state law. The Developer shall be obligated to pay that dollar amount to the City within sixty (60) days of the City Council's finding. Any such fines shall be placed in the City's lower income housing fund and shall be expended as required by said fund. City Council determinations pursuant to this subsection shall not be subject to arbitration pursuant to Section 15. b. Willful and Intentional Noncompliance. If the City Council in its reasonable discretion finds that there were willful and intentional violations of this Agreement (including, but not limited to, more than three instances of technical violations in one year, fraud or deceit on the part of the Developer or any of its authorized agents, or involving any substantial infringement of the rights of tenants intended to be benefited by the terms of this Agreement), or the failure to pay amounts determined pursuant to subsection (a) within the period specified, then, in addition to the dollar value of the violation, the term of this Agreement may be extended for a - 5 -