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EXHIBIT 3 <br />condition cannot reasonably be cured within thirty (30) days, in which case Developer shall <br />have such additional time as reasonably necessary to complete such cure, the City may <br />perform the necessary maintenance and Developer shall pay all reasonable costs incurred for <br />such maintenance. The City shall inspect the Property annually after the date of issuance of <br />the Certificate of Completion as described in Article 17 of this Agreement. During the <br />affordability period, the Property must meet all applicable State and local codes. The <br />Property must be free of all health and safety defects during the affordability period. <br />7.6 Obligation to Refrain from Discrimination. Developer covenants and agrees for <br />itself, its successors, its assigns and every successor in interest to the Property or any part <br />thereof, that there shall be no discrimination against or segregation of any person or group of <br />persons on account of race, color, creed, religion, sex, mental or physical disability, marital <br />status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure <br />or enjoyment of the Property nor shall Developer itself or any person claiming under or <br />through him establish or permit any such practice or practices of discrimination or <br />segregation with reference to the selection, location, number, use or occupancy of tenants, <br />lessees, subtenants, sublessees or vendees of the Property. The foregoing covenants shall <br />run with the land and shall remain in effect for the term of the Agreement. <br />7.7 Increase in Rent and Occupancy Restrictions upon Termination of Rental <br />Subsidies. The parties acknowledge that Developer is only able to rent units to <br />Extremely Low Income Households because the City is providing 75 Housing and Urban <br />Development Veterans Affairs Supportive Housing (HUD-VASH) Project -Based <br />Vouchers for Permanent Supportive Housing ("VASH Vouchers"). In the event the <br />VASH Vouchers expire, terminate, are not renewed or are reduced for any reason other <br />than a default by Developer under the VASH Vouchers, then the occupancy requirements <br />for all of the units, other than the 2 HOME Assisted Units shall automatically increase to <br />60% of the Area Median Income and the Affordable Rent shall increase to Affordable <br />Rents for households earning 60% of the Area Median Income in accordance with the rent <br />limits set forth by the California Tax Credit Allocation Committee (ICAC for households <br />earning 60% of the Area Median Income.. <br />7.8 CHDO Provisions. Developer shall maintain CHDO (Community Housing <br />Development Organization) status for the tern of this Agreement and the HOME <br />Regulatory Agreement in accordance with 24 CFR 92. Developer agrees to provide <br />information as may be requested by the City to document its continued compliance, <br />including but not limited to an annual board roster and certification of continued <br />compliance. <br />Any funds advanced as CHDO pre -development funds must be in compliance with 24 CFR <br />92.301, and are forgivable only under the terms in 24 CFR 92.301. Any funds advanced to <br />Developer as CHDO Operating Expenses must be expended in compliance with 24 CFR <br />92.208. Any funds that Developer is permitted to retain as CHDO proceeds from this <br />Project shall be used in compliance with 24 CFR 92.300(a)(2) or as specified in this <br />Agreement. <br />Developer will create and follow a tenant participation plan, as required in 24 CFR 92.303 <br />14 <br />25L-58 <br />