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(c) Affordability of the HOME Units. In accordance with the provisions of the HOME Program, the HOME Units, as defined in the Agreement shall be subj ect to HOME Program requirements, to the extent not otherwise exempt by applicable law, and shall be sold to and occupied by qualified very low income households. A qualified very low income household shall : (i) Have a household income no greater than 50� of the area median income established by HUD for San Mateo County (ii) To the extent permitted by applicable law, be a resident within the incorporated limits of the City of Redwood City prior to the time of application, unless no such residents qualify, and then in accordance with the marketing standards set forth in Section 4 . 01 (b) (3) , below, and (iii) Have a family size of two (2) to five (5) persons. However, the City requires, to the extent permitted by applicable law, occupancy preference be given to large households, as defined by the City' s Consolidated Plan which documents the greatest housing need for large family households of four or more persons . (iv) Income levels for the HOME Units shall be in accordance with the HUD Income Levels . (d) The foregoing covenants shall not be deemed to supersede any affordability covenants against the Property which require that the units of the Property be made available to persons not earning more than fifty percent (50%) of the Area Median Income for the County of San Mateo, as established by HUD, but shall apply if there are no covenants which are more restrictive which apply to the Property. 3 . Marketinctof HOME Units . The Declarant shall comply with the City' s aff irmative marketing plan for the HOME Units to be provided by City. The Declarant, to the extent permitted by applicable law, select eligible purchasers for the Home Units from a pool of applicants residing in the incorporated limits of the City of Redwood City no later than the date on which construction will begin or the earliest date unit is habitable for occupancy. As part of its marketing efforts, the Developer shall provide notice of opportunity to purchase and/or opening of waiting lists REDW\0006\DOC\013-7 C - 4 1\11\08 940 law