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A <br />SECTION 4. ~ USE OF PROPERTY <br />Project shall be used for residential housing. At least forty-nine percent (49%) of the units will be available <br />for low income households, with a minimum of eleven (11) floating units used for Very Low Income <br />households in accordance with HOME Program regulations 24 CFR Part 92 ("HOME Assisted Units"). <br />SECTION 5. OCCUPANCY <br />After the Date of Initial Occupancy, the Project shall include eleven (11) units of housing for Very Low <br />Income households, all of which shall be regulated in accordance with the HOME Program regulations 24 <br />CFR Part 92. Terms of the leases shall be governed by HOME regulations 24 CFR part 92.253. <br />SECTION 6. RENT LEVELS <br />Rent levels in the HOME Units shall be established in accordance with HOME regulation and with the <br />approval of the County of Alameda. HUD updates allowable HOME rents annually and the County of <br />Alameda will inform Developer of the new rents as soon as the City receives them. Any changes to the <br />HOME allowable rents, either increases or decreases, shall be passed on to tenants upon renewal of a <br />lease or to a new tenant moving into a vacated unit. <br />SECTION 7. EVICTION <br />As provided by HOME regulations 24 CFR Part 92.253, eviction shall be only for serious or repeated <br />violation of the lease; violation of applicable federal, state, or local law, or for other good cause. <br />SECTION 8. PROJECT OPERATIONS <br />At all times the eleven (11) HOME Assisted units regulated under this Regulatory Agreement must be <br />operated in conformance with HOME regulations and with the Contract. If Developer receives any <br />complaints about compliance with HOME regulations, Developer shall inform the City of any such <br />complaints. If in the sole opinion of the City, the Developer has failed to comply with HOME regulations or <br />the Contract, that failure shall constitute an "Event of Default" under this Agreement as described in Section <br />16. <br />SECTION 9. PROPERTY MANAGEMENT <br />The Developer shall maintain the property in good condition, good repair, and free of trash, weeds, and <br />other debris. No items shall be stored in those areas designated as open space or for parking. Developer <br />shall not substantially subtract from any real or personal property of the Project nor demolish any part of the <br />Property without prior written approval from City, except normal maintenance and repair. City has the right <br />to inspect the interior of the Property with forty-eight (48) hours advance notice and the exterior of the <br />Property with no advance notice. <br />Developer shall be responsible for ensuring the Project's property management either by performing the <br />services themselves or by hiring the services of a professional property manager. These responsibilities <br />