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2� 1 ��8379 <br /> with the IR5 a capy �f IRS Form $8Z3, e�plain�ng the nature of the non�ampliance and whether <br /> or not such nonc�mpliance has been c�rrected. Nancompliance �nc�udes, �ut is no� l�mited to <br /> �1} fa��ure to r�ceive or failure to permit the Authority t� inspec� tenant income certzf�cations, <br /> sup�orting documentation and rent records, (2} upon inspection, noncompliance with pravisians <br /> of Section 42 of �he �ode, and �3� any change in �he app�icable fraction �r eligible basis that <br /> would resu�t in a decrease in the Qua�ified Bas�s. Th� Authority is author�zed and entitled to do <br /> a11 acts nec�ssary to comp�y with the monit�ring and no�ification responsibilities set forth in <br /> Section 42�m)�1�(B}�iii} of the ��de and any Regulations or other interpretations thereof by the <br /> IRS or the c�urts. <br /> S�ction 7. �ovenants Run With the Land. The �wner hereby declares �ts e�press <br /> �ntent that the covenants, restrictions, charges and easements set forth herein shal� be deemed <br /> covenants running with the land and sha��pass to and be binding upon the �wn�r's success�rs in <br /> ti�Ie including any purchaser, gran�ee, owner or lessee of any portion of the Projec� and any other <br /> person �r en�ity having any right, title�r interest therein and upon the respective heirs, executors, <br /> admin�strators, devisees, successors and assigns of any purchaser, grantee, ovvner or �ess�e of <br /> any portion of the Project and any other person or enti�y having any right, title or interest therein. <br /> Each and every contract, deed or other ins�rum�nt hereaft�r e�ecuted �overing or �onveying the <br /> Project ar any portian thereof or inter�st there�n sha�� con�ain an ��press prov�sxon making such <br /> conveyance subject to the c�venants, restri�tions, charges and easementis contained herein; <br /> provided, ho�vever, that any such contract, deed or other instrument shall �onclusively be he�d to <br /> ha�e been e�ecu�ed, delivered and accepted subject to such covenants, regardless of whether or <br /> not such covenants are set forth or incorporated by reference in such contract, deed or other <br /> �nstrum�nt. At the time of e�ecuting this Agreement, the �vvner shal� pay to the Authority a�l <br /> dire�t c�sts incurred or to be incurred by the Authority in causing this Agreement t� be dul� <br /> recorded (�r the terms hereaf to be incorporated int� a deed to be duly rec�rded} in the office of <br /> pu�Ii� re��rds in the County where the Proje�t �s lacated as an encumbrance up�n the Project <br /> Site and the Authority agre�s ta deliv�r to the �wner a copy of the fully rec�rded document. <br /> Section S. Un�formity; Common P�an. The pr�visions hereof sha�� app�y uniformly to <br /> �he entire Project to establ�sh and carry out a common plan f�r the use, de�elopment and <br /> improvement of the Proj ect S ite. <br /> 5ecti�n 9. Rem�dies; Enforceabi�ity. In the event of a vialation ar attempted vi�lation <br /> af any af the provisions hereof, any one or more of the fol�ovving may institute and prosecute any <br /> proceeding at law �r in equi�y �o abate, prevent or enjoin any such vio�a�ion �r attempted <br /> violation, or to recover monetary damages caused by such v�o�at�on or attempted via�a�ion, the <br /> Autharity ar any gavernmenta� ent��y succe�d�ng t� the Authority's functions or any individual <br /> vvh� meets the incame lim�tation appli�a��e under Sectian 42 of the �ode ��vhe�her prospe�ti�e, <br /> present�r former occupant}. The provisions her�of are imposed upon and made applicable to the <br /> Project and shall run with the Iand and shall be enforceable against th� �wner and each <br /> purchaser, grantee, owner or�essee af the Prajec� ar any por�i�n thereof or interest therein, at any <br /> time and frorn time to �ime, and the respect�ve heirs, legal representatives, successors and assigns <br /> of the �wner and each such purchaser, grantee, owner or lessee. No d��ay in enforcing the <br /> pravisions hereof as ta any brea�h or v�olation sha11 impair, damage �r waive �he right of any <br /> party entitled to enforc� the �ame or obta�n relief against or recover for th� continuatian ar <br /> repetition of such breach or violation of any similar breach or violation thereaf at any �ater �ime <br /> �r times. In addition, if any violation af this Agreement has nfl�been corrected on a time��basis, <br /> the Authority may �mpose quarterly reporting respons�b��ities perta�ning ta such matters as the <br />