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2. Amendments to the Exemption Agreement. <br /> (a) The City of Everett Application for Tax Exemption on Multiple Family <br /> Units within a Designated Residential Target Area together with the City of Everett Approval of <br /> Application (the "Application and Approval") attached hereto as Exhibit A shall be deemed <br /> Exhibit A to the Exemption Agreement and incorporated therein by this reference. The <br /> Application and Approval was inadvertently omitted from the Exemption Agreement and the City, <br /> Applicant and Broadway hereby confirm the accuracy and completeness of the Application and <br /> all representations and statements therein. <br /> (b) The following is hereby added as an additional Section 12 to the Exemption <br /> Agreement: <br /> "12. The affordable housing requirements under Section 3.78.020 Definitions <br /> section of the Everett Code that make the Property eligible for the twelve(12)year tax exemption <br /> are as follows: <br /> (i) A minimum of 10% of all units shall be leased to "Low-income <br /> households"meaning a single person,family, or unrelated persons living together <br /> whose adjusted income is at or below eighty percent of the median household <br /> income adjusted for household size for the county where the project is located, as <br /> reported by the United States Department of Housing and Urban Development. If <br /> Snohomish County is designated a high-cost area under RCW 84.14.010, "low- <br /> income household"means a household that has an income at or below one hundred <br /> percent of the median household income adjusted for household size for Snohomish <br /> County; <br /> (ii) A minimum of 10% of all units shall be leased to "Moderate-income <br /> households" means a single person, family, or unrelated persons living together <br /> whose adjusted income is more than eighty percent but is at or below one hundred <br /> fifteen percent of the median household income adjusted for household size for the <br /> county where the project is located,as reported by the United States Department of <br /> Housing and Urban Development. If Snohomish County is designated a high-cost <br /> area under RCW 84.14.010,"moderate-income household"means a household that <br /> has an income above one hundred percent but at or below one hundred fifty percent <br /> of the median household income adjusted for household size for Snohomish <br /> County; and <br /> (iii) All residential housing rented to Low-income households and Moderate- <br /> income households will constitute "Affordable housing" in that the monthly <br /> housing costs for such households, including utilities other than telephone, do not <br /> exceed thirty percent of the household's monthly income. <br /> Notwithstanding that the Everett Code does not require the Applicant to record a restrictive <br /> covenant to evidence the foregoing income and rental restriction, the City nonetheless agrees to <br /> execute a restrictive covenant if requested and prepared by Applicant, setting forth the income and <br /> rent restrictions required hereunder and otherwise acceptable to the City." <br /> 2 <br />