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EXHIBIT 3 <br />business or immediate family ties, during their tenure or for a period <br />Of one ( I ) year thereafter_ For parposes of this paragraph, a <br />"covered parson" indudes any person who is an crnpluyce, agent, <br />consultant, officer, or elected or appointed official of the Grantee, <br />the Developer, or any designated public agency. <br />1122 Monitoring. Developer shall allow the City to conduct periodic <br />inspeetions of the CDBG-assisted units on the Property as required by the Program after <br />the date of construction completion, upon not less than seventy-two (72) hours' advance <br />written notice. Developer shall cure any defects or deficiencies found by the City while <br />conducting etch inspections within two weeks of written notice thereof, or such longer <br />period as is reasonable within the sole discretion of the City. <br />1 1.23 Recertification of Tenant Income. <br />(A) Developer shall take all necessary steps to review the income of all tenants <br />prior to renting to them, as well as reviewing current tenants on an annual basis, in <br />accordance with CDBG regulations and guidelines. Every filth (5"') year, Developer <br />shall require new original income documents to be submitted by tenants. Subject to any <br />restrictions imposed by TCAC, Tenants in CT)BC-assisted units whose incomes no <br />longer comply with federal income guidelines shall have their rents adjusted in <br />accordance with 11cdcral 110ME guidelines (24 CFR 92.252-92253). <br />(fl) CDBO-assisted unils conlinue to qualify as allordable housing despite a <br />temporary non-compliance caused by increases in the incomes ofexisting tenants if' <br />actions satisfactory to HUD arc being taken to ensure that all vacancies are filled in <br />accordance with this scclion until the non-wmpliattcc is eorrccud. <br />112d Other CDBG Program Retiuirentents_ Developer shall comply with all <br />Other applicable requirement, of the CDBG Program_ <br />l 1.25 Controlling Covenants. If there is a discrepancy between State and <br />I-cdcral law with regard to any of the aforementioned covenants, the more stringent shall <br />apply. <br />11.26 Faith Based Activities. To the extent applicable to the Project, in <br />accordance with 24 CFR 5.109, Developer will comply with the restrictions oft the use of <br />CDBG fends for faith hosed activities as set forth in 24 CFR SJ 09_ <br />12. MAINTENANCE, MANAGEMENT, OPERATION, PRESERVATION <br />AND REPAIR OF PROPERTY <br />12.1 Maintenance, Developer shall maintain the Property (and all abulting <br />grounds, sidewalks, roads, parking and landscape areas which Developer is Otherwise <br />required to outintain) in good condition and repair; shall operate the Property in a <br />businesslike manna; shall prudently preserve and protect its own as well as the Cit_y's <br />interests in connection with the Property; shall not commit or permit any waste or <br />deterioration of the Pro ierty (extent for nonnal wear and tear)- shall not abandon anv <br />City Council 30 21 — 34 4/20/2021 <br />