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<br />pursuant to this Section 2.4, the amount of funds available from the Affordability Reserye shall be in <br />an amount sufficient to fund the difference between the market rate and Affordable Charges for such <br />Unit for forty-eight (48) months. At the end of the Term, any funds remaining in the Affordability <br />Reserye shall be retumed to the City_ Developer shall include information regarding the use and the <br />amount of the Affordability Reserve in its annual audited financial reports delivered to City in <br />accordance with Section 3.2. <br /> <br />2.5 Charges to other Residents. For all Residents not occupying a Very Low Income <br />Unit, Low Income Unit or Memory Impaired Bed, the Developer shall, in its sole discretion, set <br />the charges made to Residents for rent and seryices, <br /> <br />2.6 Changes to Affordabilitv Levels. The City Manager is authorized to execute one <br />or more amendments to this Agreement regarding the occupancy and affordability requirements <br />contained in this Article 2 in the event the Developer and City Manager agree such amendments <br />would be beneficial to the Project. <br /> <br />ARTICLE 3 <br />INCOME CERT1FICATION AND REPORTING <br /> <br />3.1 Income Certification. Developer will obtain, complete and maintain on file, <br />immediately prior to initial occupancy, income certifications for the Residents of the Extremely <br />Low Income Units, Very Low Income Unit and the Very Low Income Memory Impaired Bed. <br />Developer shall make a good faith effort to verify that the information provided by an applicant <br />or occupying household in an income certification is accurate by taking two or more of the <br />following steps as a part of the verification process: (a) obtain a pay stub for the most recent pay <br />period; (b) obtain an income tax return for the most recent tax year; (c) conduct a credit agency <br />or similar search; (d) obtain an income verification form from the applicant's current employer; <br />(e) obtain an income verification form from the Social Security Administration and/or the <br />California Department of Social Services if the applicant receives assistance from either of such <br />agencies; (f) if the applicant is unemployed and has no such tax return, obtain another form of <br />independent verification; or (g) obtain three (3) months of bank statements, Developer shall also <br />verify real estate assets, as necessary to properly calculate Adjusted Income. Copies of Resident <br />income certifications shall be available to City upon request, <br /> <br />3_2 Annual Report, Within one hundred eighty (180) days of the end of each fiscal <br />year, Developer shall provide the City with (a) an audited financial statement for the Project for <br />the previous year, (b) a copy of the current Project management plan, and (c) the most recent <br />annual operating budget for the Project. <br /> <br />3.3 Records and Information_ Upon request, the Developer shall permit the City to <br />inspect at reasonable times and on a confidential basis those books, records and all other documents <br />ofthe Developer necessary to determine Developer's compliance with the terms of this Agreement. <br />The Developer also has the right at all reasonable times to inspect the books, records and all other <br />documentation of the City pertaining to its obligations under this Agreement. <br /> <br />144\105\159081.11 <br /> <br />7 <br />