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shall require new original income documents to be submitted by tenants. Tenants in <br />HOME assisted units whose incomes no longer comply with federal income guidelines <br />shall have their rents adjusted in accordance with federal HOME guidelines (24 CFR <br />92.252-92.253). <br />(b) Developer shall allow the City to conduct periodic reviews of tenant files <br />and files relating to affirmative marketing and outreach to insure the Project's compliance <br />with applicable regulations and guidelines. <br />(c) HOME assisted units continue to qualify as affordable housing despite a <br />temporary non-compliance caused by increases in the incomes of existing tenants if <br />actions satisfactory to HUD are being taken to ensure that all vacancies are filled in <br />accordance with this section until the non-compliance is corrected. <br />11.21 Other HOME Program Requirements. Developer shall comply with all other <br />applicable requirements of the HOME Program. <br />11.22 Controlling Covenants. If there is a discrepancy between State and Federal law <br />with regard to any of the aforementioned covenants, the more stringent shall apply. <br />12. MAINTENANCE, MANAGEMENT, OPERATION, PRESERVATION AND <br />REPAIR OF PROPERTY <br />12.1 Maintenance. Developer shall maintain the Property (and all abutting grounds, sidewalks, <br />roads, parking and landscape areas which Developer is otherwise required to maintain) in good <br />condition and repair; shall operate the Property in a businesslike manner; shall prudently <br />preserve and protect its own as well as the City's interests in connection with the Property; shall <br />not commit or permit any waste or deterioration of the Property (except for normal wear and <br />tear); shall not abandon any portion of the Property or leave the Property unguarded or <br />unprotected; and shall not otherwise act, or fail to act, in such a way as to unreasonably increase <br />the risk of any damage to the Property or of any other impairment of City's interests under the <br />Loan Documents. Without limiting the generality of the foregoing, and except as otherwise <br />agreed by City in writing from time to time, Developer shall promptly and faithfully perform and <br />observe each of the following provisions: <br />12.1.1 Alterations and Repair. Developer shall not remove, demolish or materially <br />alter any Improvement without City's prior consent, except to make non-structural repairs which <br />preserve or increase the Property's value, and shall promptly restore, in a good and professional <br />manner, any Improvement (or other aspect or portion of the Property) that is damaged or <br />destroyed from any cause. <br />12.2 Compliance. Developer shall comply with all laws and requirements of Governmental <br />Authority (including, without limitation, all requirements relating to the obtaining of <br />Governmental Authority approvals), all Governmental Authority approvals and all rights of third <br />parties, relating to Developer, the Property or Developer's business thereon. <br />25 <br />1076\O1\1333668.1 <br />