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"Very Low Income Tenants" means the occupants of a HOME Unit in the Project <br />whose household income, adjusted for household size, as computed pursuant to the <br />Income Certification, does not exceed fifty percent (50 %) of the Median Gross Income <br />for the Area. Determination of the status of an occupant of a HOME Unit as a Very <br />Low Income Tenant shall be made upon initial occupancy of a unit in the Project by <br />such occupant and recertified annually. A tenant who qualifies as a Very Low Income <br />Tenant remains qualified as a Low Income Tenant even if such household's income <br />rises above the limit established in this section but does not exceed eighty percent <br />(80 %) of the Median Gross Income for the Area. <br />Section 1.1 Interpretation. Words importing any gender include all genders. Words <br />importing persons include firms, associations and corporations. Words importing the singular <br />shall include the plural and vice versa. <br />The terms "herein", "hereunder", "hereby", "hereto", "hereof" and any similar terms <br />refer to this Agreement; the term "heretofore" means before the date of this Agreement; and <br />the term "hereafter" means after the date of this Agreement. <br />Articles and Sections mentioned by number only are the respective Articles and <br />Sections of this Agreement so numbered. Reference to "this Article," "this Section" or "this <br />subsection" shall refer to the particular Article, Section or subsection in which such reference <br />appears. Any captions, titles or heading preceding the text of any Article or Section herein <br />and any table of contents or index attached to this Agreement or any copy thereof are solely <br />for convenience of reference and shall not constitute part of this Agreement or affect its <br />meaning, construction, or effect. <br />Section 2. Terms of Agreement. The terms of this Agreement shall be for 59 years <br />from Date of Initial Occupancy. At the end of this term, Developer may either request <br />extending the terms of this Agreement or request disposition instructions from the City per <br />Section 16 of this Agreement. <br />Section 3. Use of Pro ep rt^ Project shall be used for housing Very Low Income <br />households in accordance with the HOME Program regulations 24 CFR Part 92. <br />Section 4. Occupancy. After the Date of Initial Occupancy, the Project shall include <br />fifty four (54) units of transitional housing for Very Low Income female -headed households <br />and permanent housing for disabled females which shall be regulated in accordance with the <br />HOME Program regulations 24 CFR Part 92. Terms of the lease shall be governed by HOME <br />regulations 24 CFR Part 92.253. <br />Section 5. Rent Levels. Rent levels in the HOME Units shall be established in <br />accordance with HOME regulations and with the approval of the County of Alameda. HUD <br />updates allowable HOME rents annually and the County of Alameda will inform Developer of <br />2 <br />