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accordance with HOME regulations and guidelines. Every fifth (5th) year, Developer shall require
<br />new original income documents Co be submitted by tenants. Tenants in HOME Units whose incomes
<br />no longer comply with federal income guidelines shall have their rents adjusted in accordance with
<br />federal HOME guidelines (24 CFR 92.252-92.253).
<br />(b) HOME Units continue to quality as affordable housing despite a
<br />temporary non-compliance caused by increases in the incomes of existing tenants if aotions
<br />satisfactory to HUD are being taken to ensure that all vacancies are filled in accordance with this
<br />Section until the noncompliance is corrected.
<br />1121. Other HOME Program Requirements. -Dep©loper shall comply with all other
<br />applicable requirements of the HOME Program.
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<br />1122. Controlling Covenants. If there is a ;discrepancy betyvicen State and Federal law
<br />with regard to any of the aforementioned covenants, t1ir more stringent r'ecJuirement shall apply.
<br />1200. MAINTENANCE, MANAGEMENT, OPERATION, PRESERVAT)CON AND REPAIR
<br />OF PROPERTY ~,.
<br />1201. Maintenance of the Prdpcrty. Developer'"shall, at its sole cost and expense,
<br />maintain or cause to be maintained the iriteriot•-,and exterior of Che Project and all IIousing Units
<br />thereof and the Property in a decent, safe apd santtary manner, in accordance with the HUD Housing
<br />Quality Standards (HQS) and the maintenance slandalds.required.by~Section 92.251 of the HOME
<br />Kegcdations, and iu accp`rdanee with the standard of,tt)aintenance ot`first class apartments within
<br />Orange County Califoitiia. None ofShe Housing Unr}"s' ih the 1'i~oject shall at auy time be utilized on
<br />a transient basis, nor stjall the Property or any p`orlion thereof' ever be used as a hotel, motel,
<br />dormitory, fraternity or sorority house, rooming }rouse, hospital, nursing home, sanitarium or rest
<br />home, or be gonvelted to condotnimurn owltershrp ~ at any time Developer fails to maintain the
<br />,: .
<br />Project oi'~ihe Property in accordance with''~z1fis Agreetfi'ept and such condition is not corrected within
<br />five (SJ`days after written notice -1=rom City wrth respect to graffiti, debris, and waste material, or
<br />thirty t1~yS,,after written notice frotn",City with r`Os~pect to general maintenance, landscaping and
<br />building iinproycments, then City, m addition to whatever remedy it may have at law or at equity,
<br />shall have the might to enter upon,~he applroaple portion of the Project or the Property and perform all
<br />acts and work iieCeSsary to protec)':praintain, and preserve the Project and the Property, and to attach
<br />a lien upon the Property, or to ans~ss the Property, in the amount of the expendihu•es arising 1iom
<br />such acts and work of,Ploteettpn=`-'~aintenance, and preservation by City and/or costs of such cure,
<br />including a reasonable aamuusiYafvc charge, which amount shall be promptly paid by Developer to
<br />City upon demand. The hens"oreated under this Section shall be subject and subordinate to tho lien
<br />of the mortgage or deed of mist encumbering the Property (or any part of the Property) for the
<br />Primary Loan approved pursuant to the terms of this Agreement.
<br />1201.1 Alterations and Repair. Developer shall not remove, demolish or
<br />materially alter any Improvement without Agency/City's prior consent, except to make non-
<br />sh•uclural repairs which preserve or increase the Property's value, and shall promptly restore, in a
<br />good and professional manner, any hnprovement (or other aspect or portion of the Property) that is
<br />damaged or desn~oyed from any cause.
<br />1202. Compliance with Laws. Developer shall comply with all Governmental
<br />Requirements (including, without limitation, all requh•ements relating to' Che obtaining of
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