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Affordable Housing Regulatory Agreement
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Affordable Housing Regulatory Agreement
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8/4/2020 12:39:02 PM
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3.7.3 With at least 48 -hours' notice, during normal business hours and as often <br />as may be deemed% necessary, City and its authorized agents and representatives shall be <br />permitted access to and the right to examine the Project and the Property and to interview tenants <br />and employees of the Project, for the purpose of verifying compliance with applicable regulations <br />and compliance with the conditions of this Agreement. <br />3.7.4 City and Owner shall each comply with all applicable provisions of law <br />pertaining to the protection of personal financial and/or identifying information of tenants, <br />including without limitation, applicable provisions of California Civil Code Sections 1798.80 <br />through 1798.84. <br />4. Term of Agreement. <br />4.1 Terni of Restrictions. This Agreement shall remain in effect until the fifty-fifth <br />(55th) anniversary of the date that this Agreement is recorded in the Official Records. If such <br />date cannot be ascertained, the term of this Agreement shall end on the fifty-seventh (57th) <br />anniversary of the Effective Date of this Agreement. <br />4.2 Effectiveness Succeeds Conveyance of Prop. This Agreement shall remain <br />effective and fully binding for the full term hereof regardless of any sale, assignment, transfer, or <br />conveyance of the Project or the Property, or any part thereof or interest therein. <br />4.3 Reconvevance. 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 its <br />interest in the Property and the Project to the covenants and restrictions set forth in this <br />Agreement. The City 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 City, regardless of any sale, assignment, conveyance or <br />transfer of the Property, the Project or any part thereof or interest therein. Any successor -in - <br />interest to Owner, including without limitation any purchaser, transferee or lessee of the Property <br />or the Project (other than the tenants of the individual dwelling units within the Project) shall be <br />subject to all of the duties and obligations imposed hereby for the full term of this Agreement: <br />Each and every contract, deed, ground lease or other instrument affecting or conveying the <br />Property or the Project or any part thereof, shall conclusively be held to have been executed, <br />delivered and accepted subject to the covenants, restrictions, duties and obligations set forth <br />herein, regardless of whether such covenants, restrictions, duties and obligations are set forth in <br />such contract, deed, ground lease or other instrument. If any such contract, deed, ground lease or <br />other instrument has been executed prior to the date hereof, Owner hereby covenants to obtain <br />and deliver to City an instrument in recordable form signed by the parties to such contract, deed, <br />ground lease or other instrument pursuant to which such parties acknowledge and accept this <br />REV: 02-25-2020 PR <br />ATTY/AGR.2020.039/Premia 1180 Main Owner, LLC (Page 23 of 42) <br />
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