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NOW, THEREFORE, CITY AND PROJECT SPONSOR COVENANT AND AGREE AS
<br />FOLLOWS:
<br />1. Project Sponsor covenants and agrees (for itself, its successors, its assigns, and
<br />every successor in interest to the Property or any part thereof) that Project Sponsor, such successors,
<br />and such assigns shall devote the Property (or any part thereof), to the uses specified therefor in the
<br />Grant Agreement, the scope of rehabilitation approved pursuant to the Grant Agreement, and this
<br />Agreement Containing Covenants.
<br />2. Project Sponsor shall assure that the Property shall be used only for rental housing
<br />for Eligible Persons.
<br />a. "Eligible Person" shall mean a person with AIDS or a related disease who is a very
<br />low- income individual.
<br />b. "Very Low - Income Individual' mean any individual or family whose income does
<br />not exceed 50% of the median income for the area, as determined by HUD, with adjustments for
<br />household size.
<br />3. The rent charged by Project Sponsor for any dwelling unit within the Property shall
<br />be the product of 30% times 50% of the area median income adjusted for family size (less utility
<br />allowance appropriate for the Unit). Except for rent, Project Sponsor shall not charge any fee of
<br />any Eligible Person for any housing or services provided with HOPWA Funds.
<br />4. Project Sponsor covenants and agrees for itself, its successors, its assigns and every
<br />successor in interest to the Property or any part thereof, that there shall be no discrimination against
<br />or segregation of any person, or group of persons, on account of race, color, religion, national
<br />origin, sex, age, disability, marital status, sexual preference, creed, ancestry, medical condition,
<br />HIV /AIDS, acquired or perceived, or retaliation for having filed a discrimination complaint, in the
<br />sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property nor shall Project
<br />Sponsor itself, or any person claiming under or through it, establish or permit any such practice or
<br />practices of discrimination or segregation with reference to the selection, location, number, use or
<br />occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property.
<br />5. Project Sponsor shall file with City an Annual Report (herein referred to as the
<br />"Annual Report") within sixty (60) days following the end of each calendar year, commencing with
<br />the end of the calendar year during which the rehabilitation of the Property is completed. The
<br />Annual Report shall include, and shall contain a certification with regard to, the rental rate and the
<br />income and family size of the occupants for each dwelling unit on the Property who have inhabited
<br />the Property during the previous calendar year. Project Sponsor shall obtain the income
<br />information required to be included in the Annual Report from the occupants of the Property. Any
<br />lease or other agreement that Project Sponsor requires occupants of the dwelling units on the
<br />Property to execute shall require the occupants to provide such income information upon the
<br />request of Project Sponsor. The Annual Report shall contain a certification by Project Sponsor as
<br />to such other information as the City Manager may reasonably require.
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