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ARTICLE 3. REPORTING REQUIREMENTS FOR AFFORDABLE UNITS <br /> 3.01 Reporting Requirements. Declarant shall submit an annual report and income <br /> certification to the City on a form provided by City's Housing Coordinator, certifying compliance with the <br /> provisions of this Declaration and shall include at a minimum, the following: <br /> (a) The number of Affordable Bedrooms occupied; <br /> (b) The number of Affordable Bedrooms vacant; <br /> (c) The name of each Affordable Bedroom tenant; <br /> (d) The initial occupancy date of each tenant; <br /> (e) The rent paid per month by each tenant; and <br /> (f) The tenant's annual gross income. <br /> The annual report and income recertifications shall also contain those documents used to verify <br /> that tenants meet the income requirements. City, from time to time during the term of this Declaration, <br /> may request additional or different information, if such information is required in order for the City to <br /> comply with its reporting requirements, and Declarant shall promptly supply such additional or different <br /> information in the reports required hereunder. Declarant shall maintain all necessary books and records, <br /> including property, personal and financial records, in accordance with requirements prescribed by the City <br /> with respect to all matters covered by the Funding Agreement and this Declaration. Declarant, at such <br /> time and in such forms as City may require, shall furnish to City statements, records, reports, data and <br /> information pertaining to matters covered by this Declaration. Upon reasonable advance request for <br /> examination by City or HUD, Declarant, during normal business hours, shall make available all of its <br /> records with respect to all matters covered by this Declaration. Declarant shall permit City to audit, <br /> examine and make excerpts or transcripts from these records. <br /> The first annual report and annual income certification shall be submitted to the City on the first <br /> July 15 following recordation of this Declaration. Each subsequent annual report and annual income <br /> certification or recertification shall also be submitted to the City on July 15 <br /> 3.02 City Approval of Lease Forms. City shall have the right to review and approve <br /> Declarant's form of lease for the Affordable Bedrooms, including disclosures of the affordability <br /> restrictions on the Affordable Bedrooms, prior to Declarant's use of such lease form. <br /> ARTICLE 4. PROVISION OF SERVICES AND MAINTENANCE OF PROPERTY <br /> 4.01 Maintenance. During the term of this Declaration, Declarant shall maintain, or cause to <br /> be maintained, the Property, including all improvements thereon, in a neat and orderly condition <br /> consistent with best management practices and in accordance with all applicable federal, state and local <br /> laws. Declarant shall not permit any public or private nuisance to be maintained on the Property. <br /> Declarant shall ensure that the Property is maintained in accordance with the following: <br /> (a) Interior and exterior paint shall be maintained in a neat and attractive condition; <br /> (b) All fixtures and appurtenances shall be maintained in good working order, including, but <br /> not limited to, the following: windows and doors, landscaping, kitchen appliances, electrical, plumbing <br /> and heating equipment; <br /> (c) Exterior areas shall be maintained to keep grounds free of litter, trash and paper. <br /> Parking areas shall be maintained in good repair and free from dirt and litter. Common areas such as <br /> hallways and laundry rooms will be swept and cleaned as frequently as necessary and kept free of trash <br /> and other debris. Garbage removal will be effected through arrangements with a contractor. The trash <br /> Exhibit D <br /> 4 <br />