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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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required by the City, in a reasonable condition for proper audit and subject to examination during <br />business hours upon at least two (2) business days prior written notice by representatives of the <br />City. Affordable Developer shall retain copies of all materials obtained or produced with respect <br />to occupancy of the Affordable Units for a period of at least five (5) years. The City shall notify <br />Affordable Developer of any records it deems insufficient. Affordable Developer shall have thirty <br />(30) days after the receipt of such a notice to correct any deficiency in the records specified by the <br />City in such notice, or if a period longer than thirty (30) days is reasonably necessary to correct <br />the deficiency, then Affordable Developer shall begin to begin to correct the deficiency within <br />thirty (30) days and correct the deficiency as soon as reasonably possible. <br />Section 3.5 On-site Inspection. The City shall have the right to perform an on-site <br />inspection of Affordable Development at least one (1) time per year upon forty-eight (48) hours <br />prior written notice and subject to the rights of Residents under their respective leases during <br />reasonable business hours and reasonable security and safety requirements. Affordable Developer <br />agrees to cooperate in such inspection. <br />Section 3.6 Monitoring Fee. To the extent permitted under applicable law, Affordable <br />Developer shall be obligated to pay to City an annual affordable housing monitoring fee in the <br />amount set forth in the City's master fee schedule for each Affordable Unit (the "Affordable <br />Housing Monitoring Fee"). This fee is payable at initial lease -up of each Affordable Unit, upon <br />each annual review. The City will not charge an annual Affordable Housing Monitoring Fee in the <br />same year that the City charges a fee in connection with the initial lease -up. If the City determines, <br />in the exercise of its reasonable discretion, that Affordable Development requires additional <br />technical assistance or compliance monitoring in an amount in excess of the typical time required <br />for comparable projects, the City shall give the Affordable Developer, the Investor Limited <br />Partner, and all Senior Lenders a detailed explanation of the deficiencies and Affordable Developer <br />shall have ten (10) days to address the issues identified. If the City determines that the issues have <br />not been adequately addressed, Affordable Developer shall pay City for such additional costs at <br />the rate of $190 per hour, or such other amount approved in the City's master fee schedule <br />approved by the City from time to time. All compliance monitoring and technical assistance fees <br />shall be payable to City within fifteen (I 5) days following City's written request for payment, and <br />City shall have the right to file a lien against the Affordable Site if such fees are not paid within <br />thirty (30) days of such written request. If in any year Affordable Developer demonstrates to the <br />City's satisfaction there is insufficient Affordable Development cash flow available to pay the <br />Affordable Housing Monitoring Fee, the City will permit the fee to be deferred. Any deferred <br />amounts shall accrue and shall be payable from future Affordable Development cash flow and <br />until such deferred amounts are paid, Affordable Developer shall submit to the City annually an <br />Affordable Development cash flow statement.] <br />ARTICLE 4 <br />OPERATION OF THE AFFORDABLE DEVELOPMENT <br />Section 4.1 Residential Use. Affordable Development shall be operated only for <br />residential use. No part of Affordable Development shall be operated as transient housing in which <br />the term of occupancy is less than thirty (30) days. No part of the Affordable Development may <br />be operated as an emergency shelter (including shelter for disaster victims) or facilities such 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 13 of 41 <br />
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