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Agmt25 1900 Broadway Owner LLC
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Agmt25 1900 Broadway Owner LLC
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Last modified
1/22/2025 10:54:25 AM
Creation date
1/22/2025 10:50:44 AM
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Agreement
PROJECT NAME
Affordable Housing Land Donation Agreement
RMP File Number
304
Date
1/21/2025
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Section 3.2 Reporting and Audits. The Affordable Developer shall submit to the City, <br />not later than the ninetieth (90") day after the close of each calendar year after completion of the <br />Affordable Development, a compliance report, in a form approved by the City, summarizing the <br />income information of each Resident and occupancy status of each Affordable Unit. in addition, <br />the City or any designated agent or employee of the City at any time shall be entitled to audit all <br />Affordable Developer's books, records (including tenant files), and accounts pertaining solely to <br />the Affordable Units. Such audit shall be conducted during normal business hours, upon at least <br />two (2) business days prior written notice, at the principal place of business of Affordable <br />Developer and other places where records are kept. <br />(a) The Annual Report shall, at a minimum, include the following most recent <br />information for each dwelling unit in the Affordable Development, but is not limited to: (1) unit <br />number; (2) number of bedrooms; (3) current rent and other charges; (4) dates of any vacancies <br />during the previous year; (5) number.of people residing in the unit; (6) total gross household <br />income of residents; (7) documentation of source of household income; (8) lease commencement <br />and termination dates; (9) initial move -in date; and (10) any other information or completed forms <br />in accordance with the Affordable Housing Program Guidelines, or as reasonably requested by the <br />city. <br />(b) In addition to the information described above, the Annual Report shall <br />include the following: (1) a project income and expense statement for the reporting period; (2) <br />proposed annual budget for the next fiscal year in accordance with Section 3.5 below; (3) a report <br />on maintenance and other issues anticipated to affect the current budget needs of the project as <br />well as the amount in the project's reserve accounts and the amount expected to be needed for <br />major repairs or other needs during the new fiscal year; (4) information on the status of the waiting <br />list for residential units; and (5) a financial audit of the books and records of the project prepared <br />in accordance with generally accepted auditing standards by an independent certified public <br />accountant. <br />Section 3.3 Additional Information. Within fifteen (15) days after receipt of a written <br />request, Affordable Developer shall provide any additional information reasonably requested by <br />the City relating solely to the Affordable Units. The City shall have the right to examine and make <br />copies of all books, records or other documents of Affordable Developer which pertain to the <br />Affordable Units. The City shall notify Affordable Developer of any records it deems insufficient. <br />Affordable Developer shall have thirty (30) days after the receipt of such a notice to correct any <br />deficiency in the records specified by the City in such notice, or if a period longer than thirty (30) <br />days is reasonably necessary to correct the deficiency, then the Affordable Developer shall begin <br />to correct the deficiency within thirty (30) days and correct the deficiency as soon as possible. <br />Section 3.4 Records. Affordable Developer shall maintain complete, accurate and <br />current records, books and accounts pertaining to Affordable Development, and shall permit any <br />duly authorized representative of the City to inspect records, including but not limited to records <br />pertaining to income and household size of Residents of Affordable Units. All Resident lists, <br />applications and waiting lists relating to the Affordable Units shall at all times be kept separate <br />and identifiable from any other business of Affordable Developer and shall be maintained as <br />ATTY/AGR/2024.193.1— AFFORDABLE HOUSING LAND DONATION AGREEMENT— EXHIBIT G — RESTRICTIVE COVENANTS AGR <br />REV: 10-22-24 VR <br />Page 12 of 41 <br />
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