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personnel (the "Affordable Housing Monitoring Payment") . City shall only charge OWNER
<br /> for costs associated with the Affordable Units. The Affordable Housing Monitioring
<br /> Payment is $150 per unit for each of the following tasks: initial lease up, annual review
<br /> and reoccupancy. The City shall not charge OWNER for annual review in the same year
<br /> as the City charges for initial lease up. Additional technical assistance and compliance
<br /> monitoring required by City that exceeds the typical time required for a similar project, as
<br /> determined in City's reasonable discretion , may be assessed at the rate of $150 per hour.
<br /> OWNER shall pay City the costs of the Affordable Housing Monitoring Payment, including
<br /> additional technical assistance and compliance monitoring , within fifteen (15) days of
<br /> City's request for payment.
<br /> Section 4.06. Transition to For-Sale Project.
<br /> In the event that the Project is converted to a for-sale residential project, OWNER
<br /> shall enter into an amended and restated affordable housing agreement in a form
<br /> approved by City ensuring the continued long-term affordability of the Affordable Units as
<br /> owner-occupied for-sale affordable housing .
<br /> Article V
<br /> Article VI
<br /> General Provisions
<br /> Section 6. 01 . Fair Housing and Non-Discrimination Covenants.
<br /> (a) OWNER covenants that it will comply with all applicable state and federal
<br /> fair housing laws in the marketing and rental of the Affordable Units. OWNER agrees to
<br /> accept as tenants, on the same basis as all other prospective tenants, persons who are
<br /> recipients of federal certificates or vouchers for rent subsidies under the Section 8
<br /> program or any successor program
<br /> (b) OWNER may not restrict the rental, use, occupancy, or enjoyment of the
<br /> Affordable Units or the Property, or any portion thereof, on the basis of the race, color,
<br /> religion , sex, gender, gender identity, gender expression, sexual orientation, marital
<br /> status, national origin, ancestry, familial status, source of income, disability, or genetic
<br /> information of any person . OWNER covenants for itself and all persons claiming under or
<br /> through it, and this Agreement is made and accepted upon and subject to the condition
<br /> that there may be no discrimination against or segregation of any person or group of
<br /> persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the
<br /> Government Code, as those bases are defined in Sections 12926, 12926. 1 , subdivision
<br /> (m) and paragraph (1 ) of subdivision (p) of Section 12955, and Section 12955.2 of the
<br /> Government Code, in the lease, use, occupancy, tenure or enjoyment of the Affordable
<br /> Units or the Property. Nor may OWNER nor any person claiming under or through
<br /> OWNER establish or permit any such practice or practices of discrimination or
<br /> segregation with reference to the selection, location, number, use or occupancy of tenants
<br /> Section 6.02. Indemnification .
<br /> OWNER agrees to defend , indemnify, and hold harmless City and its respective
<br /> officers, officials, agents, employees, representatives, and volunteers from and against
<br /> any third party loss, liability, claim, or judgment relating in any manner to the development
<br /> AI IY/AGR/2016.243/849 VETERANS AFFORDABLE HOUSING AGREEMENT
<br /> REV: 08-30-16 VR
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