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family size appropriate to the unit, and (2) the maximum annual affordable rent shall be increased to <br />30% of 60% of Area Median Income, as adjusted for family size appropriate to the unit. <br />* Utility allowances must be deducted from the Maximum Gross Monthly Rent. The City of Santa <br />Ana will provide the utility allowances based on the HUD Utility Schedule Model. <br />7.3 Rent Increases: On an annual basis, the City shall provide Developer with the maximwn <br />allowable schedule of rents for the Property in accordance with changes in allowable rent and <br />income tables published by HUD and the California Tax Credit Allocation Committee, provided <br />however that the rent for the HOME units shall in no event be higher than the rent for the equivalent <br />non -HOME assisted unit within the Project. In no event can Developer charge any tenant more than <br />such amount. <br />7.4 Maintenance of the Property. Solely at Developer's expense, Developer agrees to maintain <br />the Property in a clean and orderly condition and in good condition and repair and keep the Property <br />free from any accumulation of debris and waste materials. If at any time Developer fails to <br />maintain, or cause to be maintained, the Property as required by this section, and said condition is <br />not corrected after the expiration of a reasonable period of time not to exceed thirty (30) days from <br />the date of written notice from the City, unless such condition cannot reasonably be cured within <br />thirty (30) days, in which case Developer shall have such additional time as reasonably necessary to <br />complete such cure, the City may perform the necessary maintenance and Developer shall pay all <br />reasonable costs incurred for such maintenance. The City shall inspect the Property annually after <br />the date of issuance of the Certificate of Completion as described in Article 17 of this Agreement. <br />7.5 Obligation to Refrain from Discrimination. Developer covenants and agrees for itself, its <br />successors, its assigns and every successor in interest to the Property or any part thereof, that there <br />shall be no discrimination against or segregation of any person or group of persons on account of <br />race, color, creed, religion, disability, sex, marital status, ancestry or national origin in the sale, <br />lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property nor shall Developer <br />itself or any person claiming tinder or through him establish or permit any such practice or practices <br />of discrimination or segregation with reference to the selection, location, number, use or occupancy <br />of tenants, lessees, subtenants, sublessees or vendees of the Property. The foregoing covenants shall <br />run with the land and shall remain in effect for the tern of the Agreement. <br />8. DEFAULTS AND REMEDIES <br />8.1 Event of Defanit. Failure or delay by either party to perform any term of provision of this <br />Agreement within the time periods provided herein for such performance constitutes a default under <br />the Agreement. If any party defaults in performance of its obligations, covenants or agreements <br />hereunder, the defaulting party shall be entitled to cure the default in accordance with this section. <br />The injured party shall give written notice of default to the party in default, specifying the default <br />complained of by the injure party. Delay in giving such notice shall not constitute a waiver of any <br />default nor shall it change the time of default. The defaulting party must, within thirty (30) days <br />following service of said written notice, commence to cure, correct or remedy such failure or delay <br />and shall complete such cure, correction, or remedy with reasonable diligence. Upon a default by <br />Developer which is not cured within thirty (30) days following service of said notice, unless such <br />