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Such requests by City for payments for individual work items shall be made after inspection and acceptance of the work by City and City approval of Project Sponsor's requisitions and invoices and satisfactory proof that the Property, Project Sponsor and City are properly protected from liens or claims of liens for labor and materials. All funds disbursed to Project Sponsor shall be received by Project Sponsor in trust and Project Sponsor agrees that the same shall be used only for the payment of these items contemplated by the particular disbursement. City shall not be required to request disbursement of any amount which, in city's opinion, will reduce that portion of the undisbursed funds designated for the cost of completion of the project below that needed to pay for the labor and materials necessary to complete the work. 3. Minimum Use Period. 24 CFR 574.310(c). Project Sponsor agrees that the Property will be used as a facility to provide housing or assistance for individuals with AIDS or related diseases for a period of not less than 10 years. 4. Eligible Occupants. 24 CFR 574.3, 24 CFR 573.310(e). Occupancy of the Property shall be limited to Eligible Persons and their Families. �'or the purpose of this Agreement: a. "Eligible Person" shall mean a person with AIDS or a related disease who is a low-income individual, and the person's Family. b. "Family" shall mean a household composed of two or more related persons. The term "Family" also includes one or more Eligible Persons who are determined to be important to their care or well-being, and the surviving member or members of any family described in this paragraph who were living in a dwelling unit on the Property with the person with AIDS at the time of his or her death. G. "Low --Income Individual" mean any individual or family whose income does not exceed 800 of the median income for the area, as determined by HUD, with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than 800 of the median for the area on the basis of HUD findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes. Notwithstanding the foregoing, the surviving member or members of a Family who were living in a dwelling unit on the Property at the time of the death of the person with AIDS may continue to occupy the Property for a period of up to one year following the death of the person with AIDS. Nip\staff\sk\agreement\ Page 3 of 31 Garfield HOPWA Agreement 11-07--01