60A - 4TH AND MAIN MIX USE DEVELOPMENT

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terms and conditions for the rental of each Affordable Unit at an Affordable Rent to an Eligible Household for the Total Affordability Tenn. 4.3 Location of Affordable Units. During the Density Bonus Housing Agreement Term, the Affordable Units shall be dispersed throughout the Project in accordance with the terns and conditions set forth in this Agreement. The Affordable Units shall be permitted to float among all two hundred twenty (220) apartment units in the Project. Initially, the first eleven Affordable Units to be occupied will occur at the locations identified on Exhibit F "Unit Mix and Location Map of First Eleven Affordable Units." 4.4 Occupancy Levels. The number of persons permitted to occupy each Affordable Unit shall not exceed the occupancy permitted pursuant to Health and Safety Code section 50052.5(h). In the event that a household residing in an Affordable Unit exceeds the permitted number of persons, then that household shall be placed on a waiti list for the appropriate -sized unit and be eligible for transfer when an appropriate -sized unit -s available. The household will be placed on the waiting list for up to one -hundred and days. If an appropriate - sized unit does not become available during the 180 Will have grounds to terminate that household's lease. If the household re l' appropriate -sized unit then the Developer will also have grounds to termin ase. 4.4.1 Written Notification. informing the household that: it is ovi to one -hundred and eighty (180) d for terminating the lease. A wr; hundred and twenty (120) applicable. Nprovide written notification .,en placed on a waiting list for up *e of the waiting list; and the terms 1 be provided to the household at one- .,s, sixty (60) days and thirty (30) days if 4.5 Use of the ' , conducted on the Property, including, without limitation, all activities veloper pursuant to this Agreement, shall conform to all applicable provisi unicipal Code and other applicable federal, state, and local laws, rules, and rrcject shall at all times during the term of this Agreement be used as an apartment r none of the Affordable Units in the Project shall at any time be utilized on a transient ba shall the Property or any portion thereof ever be used as a hotel, motel, dormitory, fraternity or orority house, rooming house, hospital, nursing home, sanitarium or rest home, or be converted to condominium ownership. All of the community facilities and any social programs provided to the Project's residents shall be available on an equal, nondiscriminatory basis to residents of all Units at the Project. 4.6 Maintenance. Owner shall, at all times during the term of this Agreement, cause the Property and the Project to be maintained in a decent, safe and sanitary manner, regardless of cause of the disrepair. Owner shall be fully mid solely responsible for costs of maintenance, repair, addition and improvements. City, and any of its employees, agents, contractors or designees shall have the right to enter upon the Property at reasonable times and in a reasonable manner to inspect the Project. H 60A-191