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� I C -5q <br />having an income not to exceed sixty percent (600) <br />of the AMI adjusted for family size appropriate to <br />the given unit. <br />(c) The foregoing covenants shall not be deemed to <br />supersede any affordability covenants against the <br />Property which require that the units of the <br />Property be made available to persons of lower <br />income levels than provided herein, but shall apply <br />if there are no covenants which are more <br />restrictive which apply to the Property. <br />3. Maintenance of Property. During such time as the <br />Affordability Covenants set forth in Section 2 of this Declaration <br />are in effect, the Property shall at all times be maintained a <br />rental apartment complex of not less than seventy -two (72) units. <br />The Property shall at all times be maintained in a neat and orderly <br />condition consistent with good management practices and in <br />accordance with all applicable Federal, State and local laws. <br />4. Compliance. In order to insure compliance with this <br />Declaration, each of the following shall occur: <br />(a) Declarant and its successors shall ensure that each <br />lessee of the Property executes under penalty of <br />perjury an income verification and information form <br />( "Income verification and Information Form"), in a <br />form reasonably acceptable to the City and /or <br />Agency, certifying the lessee's income. Units will <br />be leased only to lessees who have incomes <br />qualifying under the affordability covenants set <br />forth herein. <br />(b) Declarant and his successors shall obtain a copy of <br />each lessee's federal income tax return for the <br />taxable year immediately preceding such lessee's <br />initial occupancy in the Project or, if a lessee <br />certifies that he or she did not file or did not <br />retain a copy of such tax return, other <br />satisfactory evidence of income for such year, <br />such, as wage statements or employer records. <br />(c) Annually, the Declarant and its successors shall <br />provide to the City and /or Agency copies of said <br />executed Income Verification and Information Forms <br />with respect to each lessee along with a summary <br />E- 3 <br />