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Inst 2012080052
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Inst 2012080052
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4/12/2012 12:57:59 PM
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4/12/2012 12:57:59 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
2/1/2012
Recorded Document Type
Regulatory Agreement
Declaration of Restrictions
Retention
PERM
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number; (ii) number of bedrooms; (iii) current rent and other charges; (iv) dates of any <br /> vacancies during the previous year; (v) number of people residing in the unit; (vi) total <br /> gross household income of residents; (vii) documentation of source of household <br /> income; and (viii) the information required by Section 3.1. <br /> Owner shall include with the Annual Report, an income recertification for each <br /> household, documentation verifying tenant eligibility, and such additional information as <br /> City may reasonably request from time to time in order to demonstrate compliance with <br /> this Agreement. The Annual Report shall conform to the format requested by City; <br /> 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 <br /> the use of state or federal low- income housing tax credits, Owner may satisfy the <br /> requirements of this Section by providing City with a copy of compliance reports <br /> required in connection with such financing. <br /> Owner shall permit representatives of City to enter and inspect the Property and the <br /> Project during reasonable business hours in order to monitor compliance with this <br /> Agreement upon 48 -hours advance notice of such visit to Owner or to Owner's <br /> management agent. <br /> 4. Term of Agreement. <br /> 4.1 Term of Restrictions. This Agreement shall remain in effect through the <br /> fifty -fifth (55 anniversary of the Effective Date. <br /> 4.2 Effectiveness Succeeds Conveyance of Property and Repayment of Loan. <br /> This Agreement shall remain effective and fully binding for the full term hereof, as such <br /> may be extended pursuant to Section 4.1, regardless of (i) any sale, assignment, transfer, <br /> or conveyance of the Property or the Project or any part thereof or interest therein, (ii) any <br /> payment, prepayment or extinguishment of the Loan or Note, or (iii) any reconveyance of <br /> the Deed of Trust. <br /> 4.3 Reconvevance. Upon the termination of this Agreement, the Parties <br /> agree to execute and record appropriate instruments to release and discharge this <br /> Agreement; provided, however, the execution and recordation of such instruments shall <br /> not be necessary or a prerequisite to the termination of this Agreement upon the <br /> expiration of the term as such may be extended pursuant to Section 4.1. <br /> 5. Binding Upon Successors; Covenants to Run with the Land. Owner hereby <br /> subjects its interest in the Property and the Project to the covenants and restrictions set <br /> forth in this Agreement. The City and Owner hereby declare their express intent that <br /> the covenants and restrictions set forth herein shall be deemed covenants running with <br /> the land and shall be binding upon and inure to the benefit of the heirs, administrators, <br /> executors, successors in interest, transferees, and assigns of Owner and City, regardless <br /> of any sale, assignment, conveyance or transfer of the Property, the Project or any part <br /> thereof or interest therein. Any successor -in- interest to Owner, including without limitation <br /> any purchaser, transferee or lessee of the Property or the Project (other than the tenants <br /> 1753724.4 10 <br />
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