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(b) HOME Units continue to qualify as affordable housing despite a temporary non - compliance caused by increases in the incomes of existing tenants if actions satisfactory to HUD are being taken to ensure that all vacancies are filled in accordance with this section until the non- compliance is corrected. 11.21 Other HOME Program Requirements. Vista Del Rio shall comply with all other applicable requirements of the HOME Program, the Section 8 Requirements, and the CRL. 11.22 Controlling Covenants. If there is a discrepancy between State and Federal law with regard to any of the aforementioned covenants, the more stringent shall apply. 12. MAINTENANCE, MANAGEMENT, OPERATION, PRESERVATION AND REPAIR OF PROPERTY 12.1 Maintenance. Vista Del Rio shall, at its sole cost and expense, maintain or cause to be maintained the interior and exterior of the Project and all Units thereof and the Property in a decent, safe and sanitary manner, in accordance with the HUD Housing Quality Standards (HQS) and the maintenance standards required by Section 92.251 of the HOME Regulations, and in accordance with the standard of maintenance of first class apartments within Orange County, California. None of the Units in the Project shall at any time be utilized on a transient basis, nor shall the Property or any portion thereof ever be used as a hotel, motel, dormitory, fraternity or sorority house, rooming house, hospital, nursing home, sanitarium or rest home, or be converted to condominium ownership. If at any time Vista Del Rio fails to maintain the Project or the Property in accordance with this Agreement and such condition is not corrected within five (5) Business Days after written notice from City or Successor Agency with respect to graffiti, debris, and waste material, or thirty (30) days after written notice from City or Successor Agency with respect to general maintenance, landscaping and building improvements, then City and Successor Agency, in addition to whatever remedy they may have at law or at equity, shall have the right to enter upon the applicable portion of the Project or the Property and perform all acts and work necessary to protect, maintain, and preserve the Project and the Property, and to attach a lien upon the Property, or to assess the Property, in the amount of the expenditures arising from such acts and work of protection, maintenance, and preservation by City and Successor Agency and /or costs of such cure, including a reasonable administrative charge, which amount shall be promptly paid by Vista Del Rio to City or Successor Agency, as applicable, upon demand. The liens created under this Section shall be subject and subordinate to the lien of the mortgage or deed of trust encumbering the Property (or any part of the Property) for the Construction Loan and the Senior Loan approved pursuant to the terms of this Agreement. The City and /or Successor Agency shall inspect the Property annually after the date of issuance of the Release of Construction Covenants as described in Section 310 of the DDA and Vista Del Rio shall cooperate with the City and Successor Agency to make the Property and all Units thereon available for such inspection. 12.1.1 Alterations and Repair. Vista Del Rio shall not remove, demolish or materially alter any Improvement without City's prior consent, except to make non - structural repairs which preserve or increase the Property's value, and shall promptly restore, in a good and professional manner, any Improvement (or other aspect or portion of the Property) that is damaged or destroyed from any cause. 12.2 Compliance with Laws. Vista Del Rio shall comply with all laws and requirements of Governmental Authority (including, without limitation, all requirements relating to the obtaining 28 DOC SOC/ 1475221 v 10/200272 -0004