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Inst 2010379781
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Inst 2010379781
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1/14/2011 3:06:16 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
11/15/2010
Recorded Document Type
Regulatory Agreement
Declaration of Restrictions
Retention
PERM
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Inst 2010379782
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\City Clerk\City Council\Recorded Documents\2010
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• <br /> 3.2 Annual Report; Inspections. Owner shall submit an annual report ("Annual Report ") to <br /> the Agency in form satisfactory to Agency, together with a certification that the Project is in <br /> compliance with the requirements of this Agreement. The Annual Report shall, at a minimum, <br /> include the following information for each dwelling unit in the Project: (i) unit number; (ii) <br /> number of bedrooms; (iii) current rent and other charges; (iv) dates of any vacancies during the <br /> previous year; (v) number of people residing in the unit; (vi) total household income of residents; <br /> (vii) documentation of source of household income; and (viii) the information required by <br /> Section 3.1. <br /> Upon Agency's request, Owner shall include with the Annual Report, an income <br /> recertification for each household, documentation verifying tenant eligibility, and such additional <br /> information as Agency may reasonably request from time to time in order to demonstrate <br /> compliance with this Agreement. The Annual Report shall conform to the format requested by <br /> Agency; provided however, during such time that the Project is subject to a regulatory agreement <br /> restricting occupancy and/or rents pursuant to requirements imposed in connection with the use <br /> of federal low- income housing tax credits or tax - exempt financing, Owner may satisfy the <br /> requirements of this Section by providing Agency with a copy of compliance reports required in <br /> connection with such financing. <br /> Owner shall permit representatives of Agency to enter and inspect the Property and the <br /> Project during reasonable business hours in order to monitor compliance with this Agreement <br /> upon 24 -hours advance notice of such visit to Owner or to Owner's management agent. <br /> 4. Term of Agreement. <br /> 4.1 Term. The term of this Agreement shall commence on the Effective Date and <br /> shall terminate on April 6, 2058 ( "Term "). <br /> 4.2 Effectiveness Succeeds Conveyance of Property. This Agreement shall remain <br /> effective and fully binding for the Term regardless of any sale, assignment, transfer, or conveyance <br /> of the Property or the Project or any part thereof or interest therein unless this Agreement is <br /> terminated earlier by Agency in a recorded writing. <br /> 4.3 Reconveyance. Upon the termination of this Agreement, the Parties agree to <br /> execute and record appropriate instruments to release and discharge this Agreement; provided, <br /> however, the execution and recordation of such instruments shall not be necessary or a <br /> prerequisite to the termination of this Agreement upon the expiration of the Term. <br /> 5. Binding Upon Successors; Covenants to Run with the Land. Owner hereby subjects <br /> its interest in the Property and the Project to the covenants and restrictions set forth in this <br /> Agreement. The Agency and Owner hereby declare their express intent that the covenants and <br /> restrictions set forth herein shall be deemed covenants running with the land and shall be binding <br /> upon and inure to the benefit of the heirs, administrators, executors, successors in interest, <br /> transferees, and assigns of Owner and Agency, regardless of any sale, assignment, conveyance or <br /> transfer of the Property, the Project or any part thereof or interest therein. Any successor -in- interest <br /> to Owner, including without limitation any purchaser, transferee or lessee of the Property or the <br /> Project (other than the tenants of the individual dwelling units within the Project) shall be subject <br /> 1538954.5 8 <br />
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