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CITY COUNCIL DRAFT
<br />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 assignment
<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 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. 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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