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DocuSign Envelope ID:847BA5A1-CA01-4305-A31D-3C3DABB304E8 <br /> Income by family size is determined by the U.S. Department of Housing and Urban <br /> Development and amended from time to time. <br /> B. Upon determining the amount to be invested in a Project dwelling unit,the HOME <br /> Awardee shall record a Declaration of Restrictive Covenants encumbering the Project <br /> dwelling unit in accordance with Subsection VI(C),below. <br /> C. The Declaration of Restrictive Covenants shall provide that each of the Project <br /> dwelling units must remain affordable, according to the requirements of the HOME <br /> Program, for the HOME Affordability Period of five (5) to fifteen (15) years, <br /> depending on the amount of HOME funds invested in the individual Project dwelling <br /> unit, after which time, each of the Project dwelling units must adhere to the <br /> requirements of the County's Long-Term Housing Affordability Policy and continue <br /> to remain affordable for a total affordability period of ninety-nine (99) years. The <br /> HOME Awardee shall retain full responsibility for compliance with the affordability <br /> requirement for each of the Project dwelling units, unless affordability restrictions are <br /> terminated due to the sale of the Property to a non-qualified buyer and repayment of <br /> the HOME investment. If the original homebuyer(s) wish to sell or transfer the <br /> Property during the HOME Affordability Period, the HOME Resale Provisions of this <br /> Agreement pertain. In the event of a sale of the Property, the HOME Awardee assures <br /> compliance with affordability requirements of each of the Project dwelling units as <br /> provided in the Declaration of Restricted Covenants on the Property. In the event that <br /> the original homebuyer(s)violate the HOME principal residence requirement, to <br /> include sale or transfer of the Property to a non-qualified buyer during the HOME <br /> Affordability Period, the Property will be found noncompliant with HOME <br /> requirements and the HOME investment must be repaid to the County. The <br /> Declaration of Restricted Covenants shall constitute and remain a lien on the Property <br /> during the entire period of affordability. <br /> D. The HOME Awardee agrees to retain full responsibility for compliance with the <br /> Affordability Requirements provided in this Section IV and the Resale Provisions <br /> provided in Section 4A of Exhibit C, Declaration of Restrictive Covenants. <br /> VII. HOME AWARDEE'S PERFORMANCE UNDER THIS AGREEMENT <br /> A. The HOME Awardee agrees and authorizes the County to conduct on- site reviews, <br /> examine client and contractor records, client applications and to conduct any other <br /> procedures or practices to assure compliance with these provisions. <br /> B. The HOME Awardee agrees to not violate any State or Federal laws, rules or <br /> regulations regarding a direct or indirect illegal interest on the part of any employee <br /> or elected official of the HOME Awardee in the Project or payments made pursuant <br /> to this Agreement. <br /> C. The HOME Awardee agrees that to the best of its knowledge,neither the Project nor <br /> the funds provided therefore, and the personnel employed in the administration of the <br /> 4 <br />