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shall pay City for such additional costs at the rate of $211 per hour, as may be updated from time
<br />to time by the City's Master Fee Schedule. All compliance monitoring and technical assistance
<br />fees shall be payable to City within fifteen (15) days following City's written request for payment,
<br />and City shall have the right to file a lien against the Property if such fees are not paid within thirty
<br />(3 0) days of such written request. If in any year Owner demonstrates to the City's satisfaction there
<br />is insufficient Project cash flow available to pay the annual monitoring fee, the City will permit
<br />the fee to be deferred. Any deferred amounts shall accrue and shall be payable from future Project
<br />cash flow and until such deferred amounts are paid, Owner shall submit to the City annually a
<br />Project cash flow statement. At any time that St. Francis is the Owner, the fees to be charged by
<br />the City pursuant to this Section 3.6 shall not exceed Five Thousand Dollars ($5,000.00) in any
<br />calendar year.
<br />ARTICLE 4.
<br />OPERATION OF THE AFFORDABLE PROJECT
<br />Section 4.1 Residential Use. The Project shall be operated only for residential use. No
<br />part of the Project shall be operated as transient housing in which the term of Resident occupancy
<br />is less than thirty (30) days.
<br />Section 4.2 Taxes and Assessments. Owner shall pay all real and personal property
<br />taxes, assessments, if any, and charges and all franchise, income, employment, old age benefit,
<br />withholding, sales, and other taxes assessed against it, or payable by it, at such times and in such
<br />manner as to prevent any penalty from accruing, or any line or charge from attaching to the Project;
<br />provided, however, that Owner shall have the right to contest in good faith, any such taxes,
<br />assessments, or charges. In the event Owner exercises its right to contest any tax, assessment, or
<br />charge against it, Owner, on final determination of the proceeding or contest, shall immediately
<br />pay or discharge any decision or judgment rendered against it, together with all costs, charges and
<br />interest. Nothing herein shall prohibit Owner from applying for and obtaining the welfare tax
<br />exemption pursuant to Section 214(g) of the California Revenue and Taxation Code.
<br />Section 43 Nondiscrimination.
<br />A. Subject to Section 4.1, all of the Units shall be available for occupancy on
<br />a continuous basis to members of the general public who are income eligible, with the manager's
<br />unit excepted. Owner shall not give preference to any particular class or group of persons in
<br />renting the Units, except to the extent that the Units are required to be leased to Extremely Low
<br />Income Households, or pursuant to Section 4.5 below. All deeds, leases or contracts made or
<br />entered into by Owner, its successors or assigns, as to any portion of the Property or the
<br />Improvements shall contain the following language:
<br />(1) "There shall be no discrimination against or segregation of any
<br />person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955
<br />of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m)
<br />and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government
<br />Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises
<br />herein leased nor shall the lessee himself or herself, or any person claiming under or through him
<br />or her, establish or permit any such practice or practices of discrimination or segregation with
<br />ATTY/AGR/2022.389.01-HARBOR VIEW PROJECT DA—AFFORDABLE HOUSING COVENANT (36, 44, AND 70 RENATO COURT)
<br />REV: 03-15-23 VR
<br />Page 9 of 22
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