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Developer additionally determines a household is eligible to participate in the ownership of a unit both (i) economically (a household whose incrome does not exceed the qualifying limits for very low income households as established pursuant to Section 8 of the United States Housing Act of 1937 as amended from time to time) and (ii) non-economically (which shall include, but not be _limited to, the Qualified Buyer stating his/her warranted intent to personally and continuously occupy the unit purchased as his/her sole residence for the foreseeable future, and that the household size of the Qualified Buyer relative to the size of the purchased unit complies with standards adopted by the Developer and consistent with HUD Consolidate Plan goals of the City. Developer shall have the right under the terms of this Agreement, after application of basic eligibility requirements set forth herein, to select, in its sole discretion, the ultimate purchaser of each unit. d. The Developer shall market the units in accordance with the Marketing Plan to be developed jointly by Agency Staff and the Developer. e . The HOME Units . Notwithstanding the requirements set forth in Section 4 . 0 (a) , above, a certain of number of units which are constructed with the use of HOME Funds wil-1 be subject to HOME Program requirements, as set forth below. 1 . Use of Funds for HOME Units . Of the eight (8) townhome units. to be developed upon the Property, the two (2) bedroom, one (1) bath, wheelchair accessible unit, referenced above, and one other unit designated to be adaptable to the hearing and vision impaired shall be reserved for and occupied by a qualified very low income household, as defined below, and subject to HOME Program requirements (the "HOME Units") . The HOME Units shall be constructed in accordance with the Maximum Per HOME Unit Subsidy Limits as set forth in the Scope of Development;. 5 2 . Affordabilitv of HOME Units. In accordance with the provisions of the HOME Program, the HOME Units shall be subject to HOME P rogram 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 500 of the area median income established by HUD for San Mateo County REDW\0006\DOC\013-6 2 g 3/OS/05 mvc