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separately charged fees or service charges assessed by the Developer which are required of all <br />tenants, other than security deposits, e a reasonable allowance for an adequate level of service <br />of utilities not included in a or b above, includi ng garbage collection, sewer, water, <br />electricity, gas and other heating, cooking and refrigeration fuels, but not including telephone <br />service, and d possessor' interest, taxes or other fees or charges assessed for use of the land <br />and facilities associated therewith by a public or private entity other than the Developer. In the <br />evert that all utility charges are paid by the landlord rather than the tenant, no utility allowance <br />shall be deducted from the rent. "Monthly Rent" does not include optional payments by tenants <br />for optional services provided by the Developer or the Properly Manager. <br />6. Occupancy Limits. The maximum occupancy of the Rental Units shall not <br />exceed more than such number of persons as is equal to the suns of the number of bedrooms its <br />the unit, multiplied by two (2), plus one (1). For the two 2 b drooln units, the maximuln <br />occupancy shall not exceed five persons. For the three bedroom units, the maximum <br />occupancy shall not exceed seven persons. <br />7. Marketing Pro grant. The Developer shall prepare and obtain Agency Executive <br />Director's approval, which approval shall not he unreasonably withheld, of a marketing program <br />for the leasing of the Rental Units within each Phase (the "Marketing Program"). The leasing of <br />the Rental Units shall be marketed eted i accordance with the approved Marketing Program as the <br />same may be amended from time to thne with Agency Executive Director's prior written <br />approval, which approval shall not unreasonably ably be withheld. The Developer shall provide the <br />Agency with periodic reports with respect to the lasing of the Rental Units. The Marketing <br />Program shall contain a Lottery and wait List Preference List for initial lease -up only. The <br />Developer shall be responsible to organize, schedule and coordinate a lottery drawing to select <br />potential tenants for the Rental Units for initial lease -tip only, which shall he open to the public. <br />The lottery shall take place not less than 90 days prior to completion of the applicable Phase of <br />the Rental tal nits. Preference in the lottery, so long as not inconsistent with federal and State law <br />(including, without limitation, all fair housing laws, rules and regulations), shall be given as <br />follows: <br />(1) Any persons who have been displaced from their residences due to <br />prograins or projects implemented by the Agency within the Station District; and <br />(2) other households who live or work its Santa Ana. <br />Subject to all fain hosing laws, rules, and regulations, all categories shall receive <br />preference in the order listed. The requirements of this Section 401.7 shall only apply to the <br />extent that the number of applicants for Rental Units exceeds the nUmber of Rental Units <br />mailable for lease upon initial lease -tip. <br />For the purpose of the lottery drawing, the lottery will be divided by these who <br />have claimed a preference and those who do not. All lottery fortes will be drawn and numbered <br />to create a complete list of alternate applications. <br />The Developer shall provide written notification to lottery p t icipants informing <br />them of the results and their priority number. This priority number represents the order with <br />ATTACHMENT No. 7-3 <br />Dose Cl 1473N, 13/200272-0001 <br />