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NOW, THEREFORE, CITY AND DEVELOPER COVENANT AND AGREE AS <br />FOLLOWS: <br />I. Developer covenants and agrees (for itself, its successors, its assigns, and <br />every successor in interest to the Property or any part thereof) that Developer, such <br />successors, and such assigns shall use the Property exclusively to provide affordable <br />housing of Extremely -Low, Very -Low and Low Income households, as provided in these <br />Restrictions and in the Loan Agreement. <br />2. Developer, for itself and its successors and assigns, hereby covenants and <br />agrees that all of the apartments in the Property (less one manager's unit) (the "Units") <br />shall be rented exclusively, at Affordable Rent, to Extremely -Low, Very -Low and Low <br />Income households to the extent provided for herein. Area median income levels and <br />Affordable Rents are subject to adjustment from time to time as provided in Section 3 <br />below. <br />3. AFFORDABILITY REQUIREMENTS, USE AND MAINTENANCE OF <br />THE PROPERTY <br />3.1 Use Covenants and Restrictions. <br />A. Developer agrees and covenants, which covenants shall run with the land and bind <br />Developer, its successors, its assign and every successor in interest to the Property that <br />Developer will make all rental units on the Property available to extremely low and very low <br />households at rents affordable to such households for fifty-five (55) years from the effective <br />date of this Agreement. The HOME restrictions for the nine (9) HOME assisted units shall be <br />enforced until the date that is fifteen (15) years after the date on which the City reports the <br />Project as complete to the Department of Housing and Urban Development. Upon expiration <br />of the 15 year HOME compliance period, the City will enforce affordability of the nine (9) <br />units with the same income and rent restrictions as the other units, pursuant to City guidelines <br />and the California Health and Safety Code. The City permits the Developer to limit the <br />eligibility and/or give preference to homeless households (a particular segment of the <br />population) in accordance with 24 CFR 92.253(d), <br />B. The Project shall consist of seventy-two units, including one on-site manager's <br />unit, of which there will be fifty-eight (58) studio units and fourteen (14) one -bedroom <br />units. There shall be nine (9) HOME assisted units. The HOME assisted units shall be <br />floating units and shall be distributed throughout the complex with comparable amenities <br />to the other units. The affordability mix for the Project is as follows: <br />Unit Tvp <br />AMI Level <br />ff of Units <br />Studio <br />30% AMI <br />35 <br />Studio <br />50% AMI <br />22 <br />One -Bedroom <br />30% AMI <br />5 <br />One -Bedroom <br />60% AMI <br />9 <br />Studio <br />Manager Unit <br />I <br />2 of 12 <br />