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1. Project ,Sponsor covenants and agrees (for itself, its <br />successors, its assigns, and every successor in interest to the <br />Property or any part thereof) that Project Sponsor, such <br />successors, and such assigns shall devote the Property (or any <br />part thereof), to the uses specified therefor in the Grant <br />Agreement, the project plans approved pursuant to the Grant <br />Agreement, and this Agreement Containing Covenants. <br />2. Project Sponsor shall assure that the Property shall be <br />used only for housing for Eligible Persons and their Families. . <br />a. "Eligible Person" shall mean a person with AIDS or a <br />related disease who is a low-income individual, and the person's <br />Family. <br />b. "Family" shall mean a household composed of two or more <br />related persons. The term "Family" also includes one or more <br />Eligible Persons who are determined to be important to their care <br />or well. -being, and the surviving member or members of any family <br />described in this paragraph who were living in a dwelling unit on <br />the Property with the person with AIDS at the time of his or her <br />death. <br />c. "Low -Income Individual" mean any individual or family <br />whose income does not exceed 800 of the median income for the <br />area, as determined by HUD, with adjustments for smaller and <br />larger families, except that HUD may establish income ceilings <br />higher or lower than 80% of the median for the area on the basis <br />of HUD findings that such variations are necessary because of <br />prevailing levels of construction costs or fair market rents, or <br />unusually high or low family incomes. <br />Notwithstanding the foregoing, the surviving member or members of <br />a Family who were living in a dwelling unit on the Property at the <br />time of the death of the person with AIDS may continue to occupy <br />the Property for a period of up to one year following the death of <br />the person with AIDS. <br />3. The rent charged by Project Sponsor for any dwelling <br />unit within the Property shall be the higher of: <br />a. 300 of the Family's monthly adjusted income (adjustment <br />factors include the age of the individual, medical expenses, size <br />of family and child care expenses and are described in detail in <br />24 CFR 81.3-1020); or <br />b. 100 of the Family's monthly gross income; or <br />C. If the Family is receiving payments from welfare <br />assistance from a public agency and a part of the payments, <br />adjusted in accordance with the Family's actual housing costs, is <br />specifically designated by the agency to meet the Family's housing <br />Nip\staff\sk\agreement\ Page 21 of 31 <br />Garfield HOPWA Agreement <br />11-07-01 <br />