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"ROME Program" shall mean the Title II of the Cranston - Gonzalez National
<br />Affordable Housing Act, as amended, specifically the HOME Investment Partnership Act, 42 U.S.C.
<br />§12701, et seq. and the implementing HOME Regulations at 24 CFR §92.1, et seq., as such law now
<br />exists and as it may hereafter be amended, to the extent applicable to the Project.
<br />"HOME Regulations" shall mean the implementing regulations of the HOME
<br />Program set forth at 24 CFR §92.1, et seq. as such regulations now exist and as they may hereafter be
<br />amended, to the extent applicable to the Project. Vista Del Rio covenants hereunder to comply with
<br />the CRL, the Section 8 requirements, and all applicable HOME Regulations in the performance of
<br />this Agreement and the other Project Documents, whichever are more restrictive. In implementation
<br />of these requirements, this Agreement, the Project, and all eligible contributions and expenditures
<br />hereunder shall conform to the following:
<br />a. The housing developed hereunder does and shall qualify as affordable
<br />housing under 24 CFR §92.252 because each Unit shall be rented at an Affordable Rent to
<br />households whose annual income is in compliance with the HOME Regulations; and
<br />b. This Agreement serves as the written agreement that imposes and enumerates
<br />(by meeting or exceeding) all of the affordability requirements from 24 CFR §92.252; the property
<br />standards requirements of 24 CFR §92.251; and income determinations made in accordance with 24
<br />CFR §92.203.
<br />"HOME Units" shall mean eleven (11) of the Units which shall be designated as
<br />HOME Units and shall be subject to all applicable HOME Regulations. All HOME Units shall be
<br />"Low HOME" units pursuant, to the HOME Regulations. The HOME Units shall be "fixed" HOME
<br />Units, such that the specific Units designated as HOME Units shall not change. Vista Del Rio shall
<br />designate eleven (11) of the Units as HOME Units, subject to approval by the Executive Directors
<br />and in accordance with this paragraph, the HOME Program, and the HOME: Regulations.
<br />"HUD" means the United States Department of Housing and Urban Development
<br />and any successors or assigns thereof.
<br />"Improvements" means all improvements and fixtures now and hereafter
<br />comprising any portion of the Property, including, without limitation, landscaping, trees and plant
<br />materials; and offsite improvements (including, without limitation, streets, curbs, storm drains, and
<br />adjacent street lighting).
<br />"Indemnitees" means City, Successor Agency, and Authority and their past and
<br />present elected officials,, officers, employees, attorneys, contractors, elective and appointive boards
<br />and commissions, representatives, agents, and volunteers..
<br />"Limited Partner" means the Limited Partners of Vista Del Rio, and their
<br />successors and assigns.
<br />"Loan Documents" means, collectively, this Agreement, the Notes, the Deeds of
<br />Trust, the Affordability Restrictions on Transfer of Property, and any other agreement, document, or
<br />instrument that the City or Successor Agency requires in connection with the execution of this
<br />Agreement or from time to time to effectuate the purposes of this Agreement.
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