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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 advance, 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 innspections within ten <br /> (10) 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 /> 5. 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 <br /> Page 16 <br /> 55 394.00101\43423340.1 <br />