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4.10 DELETED
<br /> 4.11 DELETED
<br /> 4.12 Marketing and Resident Selection Plan.
<br /> 4.12.1 Prior to Certificate of Occupancy,Developer shall prepare and obtain City's
<br /> approval, which approval shall not be unreasonably conditioned, withheld, or delayed, of a
<br /> marketing program and resident selection plan for the sale of the Affordable Units at the Project
<br /> ("Marketing Program"). City shall have thirty(30)days to review a proposed Marketing Program.
<br /> The sale of the Affordable Units shall thereafter be marketed in accordance with the Marketing
<br /> Program as the same may be amended from time to time with City's prior written approval. Upon
<br /> request, Developer shall provide City with periodic reports with respect to the sale of the
<br /> Affordable Units.
<br /> 4.12.2 The Marketing Program shall include marketing and community outreach
<br /> activities, proposed Homebuyer selection criteria, occupancy standards, income requirements,
<br /> timeline and details for outreach and marketing, data collection, record keeping and monitoring,
<br /> procedures for complaints, and compliance assessment. Components of the resident selection plan
<br /> shall include the application process, interview procedure, Affordable Unit offer and assigmnent
<br /> for selected homeowners, rejected applications, and wait list management. All requirements set
<br /> forth herein shall be incorporated in the Marketing Program.
<br /> 4.13 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 /> 4.14 Monitoring and Recordkee iinng. 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. Representatives of City shall be entitled to enter the Property if
<br /> necessary after review of above documentation, upon at least forty-eight (48) hour notice, to
<br /> monitor compliance with this Agreement, and shall be entitled to inspect the records of the Project
<br /> relating to the Affordable Units and to conduct an independent audit or inspection of such records
<br /> at a location within the City that is reasonably acceptable to the City without a fee from the City.
<br /> Developer agrees to cooperate with City in making the Property and the records of the Project
<br /> relating to the Affordable Unit reasonably available for such inspection or audit. Developer agrees
<br /> to maintain or cause for the maintenance of each record of the Project for no less than five (5)
<br /> years after creation of each such record.
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