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DRAFT
<br />the resident selection plan shall include, but are not limited to, the application process, interview
<br />procedure, Affordable Unit offer and assignment for selected homeowners, rejected applications,
<br />and wait list management. All requirements set forth herein shall be incorporated in the Marketing
<br />Program.
<br />4.14 Non -Discrimination in Housing. Developer, and any successors in interest, shall
<br />not discriminate any person or group of persons on account of race, color, religion, sex, gender,
<br />gender identity, gender expression, sexual orientation, marital status, national origin, ancestry,
<br />familial or marital status, disability, veteran or military status, genetic information, political
<br />affiliation or opinion, medical condition, pregnancy or pregnancy -related condition, or condition
<br />of physical or mental disability or other handicap, age, or source of income or status with regard
<br />to public assistance in the transfer, use, occupancy, tenure or enjoyment of the Property or the
<br />Affordable Units, and the Developer, or any person claiming under or through it, shall not establish
<br />or permit any such practice of discrimination or segregation with reference to the selection,
<br />location, number, use or occupancy of any Homebuyer or resident of the Property or the Affordable
<br />Units.
<br />4.15 Monitoring and Recordkeeping. Throughout the Term of this Agreement, on or
<br />before January 31 of each year, Developer shall annually complete or cause to be completed and
<br />submit to City the Annual Compliance Report in the form set forth in Exhibit G for each year until
<br />all Affordable Units are sold and, thereafter, in each year when an Affordable Unit is resold.
<br />Developer agrees to pay a reasonable fee, as set by City resolution, for the purpose of paying the
<br />actual costs associated with the City's obligation to monitor Developer's compliance with the
<br />affordability restrictions contained in this Agreement related to the Affordable Units.
<br />Representatives of City shall be entitled to enter the Property if necessary after review of above
<br />documentation, upon at least forty-eight (48) hour notice, to monitor compliance with this
<br />Agreement, and shall be entitled to inspect the records of the Project relating to the Affordable
<br />Units and to conduct an independent audit or inspection of such records at a location within the
<br />City that is reasonably acceptable to the City without a fee from the City. Developer agrees to
<br />cooperate with City in making the Property and the records of the Project relating to the Affordable
<br />Unit reasonably available for such inspection or audit. Developer agrees to maintain or cause for
<br />the maintenance of each record of the Project for no less than five (5) years after creation of each
<br />such record.
<br />4.16 Developer shall allow the City to conduct annual inspections of the Affordable
<br />Units on the Property after the date of construction completion, with reasonable notice, which shall
<br />be at least twenty four (24). hours in advapce, unless a shorter time is required in an emergency, to
<br />Owner of the Affordable Unit. Developer shall commence to cure or cause the commencement to
<br />cure any defects or deficiencies found by the City while conducting such inspections within ten
<br />(1 p) business days of written notice thereof, or such longer period as is reasonable within the sole
<br />discretion of the City. Developer shall be relieved from this obligation upon the initial sale of all
<br />Affordable Units to Eligible Households.
<br />TERM OF THIS AGREEMENT
<br />5.1 Term. This Agreement shall continue for a Total Affordability Term that
<br />runs from the Effective Date until the expiration of the Affordability Term for all Units (the "Total
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