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3.5 On-site Inspection. The City shall have the right to perform an on-site inspection
<br />of the Project during normal business hours at least one (1) time per year upon forty-eight hours
<br />(48) prior written notice and subject to the rights of tenants under their respective leases. The
<br />Owner agrees to cooperate in such inspection.
<br />3.6 Monitoring Fee. Owner shall be obligated to pay to City an annual Affordable
<br />Housing Monitoring Fee in the amount set forth in the City's Master Fee Schedule for each
<br />Affordable Unit. This fee is payable at initial lease -up of each Affordable Unit and upon each
<br />annual review. The City will not charge an annual monitoring fee in the same year that the City
<br />charges a fee in connection with the initial lease -up. If the City determines, in the exercise of its
<br />reasonable discretion, that the Project requires additional technical assistance or compliance
<br />monitoring in an amount in excess of the typical time required for comparable projects, the City
<br />shall give the Owner a detailed explanation of the deficiencies and Owner shall have ten (10) days
<br />to address the issues identified. If the City determines that the issues have not been adequately
<br />addressed, Owner shall pay City for such additional costs at the rate of $190 per hour, as such
<br />amount is increased each year by the increase in the consumer price index. All compliance
<br />monitoring and technical assistance fees shall be payable to City within fifteen (15) days following
<br />City's written request for payment, and City shall have the right to file a lien against the Property
<br />if such fees are not paid within thirty (30) days of such written request.
<br />ARTICLE 4.
<br />OPERATION OF THE AFFORDABLE UNITS
<br />4.1 Residential Use. No part of the Project shall be operated as transient housing in
<br />which the term of Resident occupancy is less than thirty (30) days.
<br />4.2 Taxes and Assessments. The Owner shall pay all real and personal property taxes,
<br />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 lien or charge from attaching to the Property;
<br />provided, however, that the Owner shall have the right to contest in good faith, any such taxes,
<br />assessments, or charges. In the event the Owner exercises its right to contest any tax, assessment,
<br />or charge against it, the Owner, on final determination of the proceeding or contest, shall
<br />immediately pay or discharge any decision or judgment rendered against it, together with all costs,
<br />charges and interest.
<br />4.3 Nondiscrimination.
<br />(a) All of the Affordable Units shall be available for occupancy on a continuous
<br />basis to members of the general public who are income eligible. Owner shall not give preference
<br />to any particular class or group of persons in renting the Affordable Units, except to the extent that
<br />the Affordable Units are required to be leased to Very Low -Income Households, Low Income
<br />Households and Moderate -Income Households and the preferences set forth in Section 2.4(c). There shall
<br />be no discrimination against, or segregation of, any person or group of persons on account of race,
<br />color, creed, religion, sex, sexual orientation, marital status, national origin, source of income (e.g.,
<br />SSI), ancestry, veteran status, or disability, in the leasing, subleasing, transferring, use, occupancy,
<br />tenure, or enjoyment of any Affordable Unit; nor shall the Owner or any person claiming under or
<br />REV: 10-23-24 J B
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<br />ATTY/AGR.2024.202/Redwood Crossing LLC (557 E. Bayshore (Bldg B) Affordable Hsg Agrmt) (Page 10 of 27)
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