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5. Project Sponsor shall file with City an Annual Report (herein referred to as the
<br />"Annual Report") within sixty (60) days following the end of each calendar year, commencing with
<br />the end of the calendar year during which the rehabilitation of the Property is completed. The
<br />Annual Report shall include, and shall contain a certification with regard to, the rental rate and the
<br />income and family size of the occupants for each dwelling unit on the Property who have inhabited
<br />the Property during the previous calendar year. Project Sponsor shall obtain the income information
<br />required to be included in the Annual Report from the occupants of the Property. Any lease or other
<br />agreement that Project Sponsor requires occupants of the dwelling units on the Property to execute
<br />shall require the occupants to provide such income information upon the request of Project Sponsor.
<br />The Annual Report shall contain a certification by Project Sponsor as to such other information as
<br />the City Manager may reasonably require.
<br />6. In amplification and not in restriction of the provisions set forth hereinabove, it is
<br />intended and agreed that City shall be deemed a beneficiary of the covenants and agreements
<br />provided hereinabove both for and in its own right and also for the purposes of protecting the
<br />interests of the community. All covenants without regard to technical classification or designation
<br />shall be binding for the benefit of City, and such covenants shall run in favor of City for the entire
<br />period during which such covenants shall be in force and effect, without regard to whether City is or
<br />remains an owner of any land or interest therein to which such covenants relate. City shall have the
<br />right, in the event of any breach of any such covenant or agreement, to exercise all the rights and
<br />remedies, and to maintain any actions at law or suits in equity or other proper proceedings to
<br />enforce the curing of such breach of covenant or agreement.
<br />7. No violation or breach of the covenants, conditions, restrictions, provisions or
<br />limitations contained in this Agreement Containing Covenants shall defeat or render invalid or in
<br />any way impair the lien or charge of any mortgage or deed of trust or security interest on the
<br />Property, provided, however, that any subsequent owner of the Property shall be bound by such
<br />remaining covenants, conditions, restrictions, limitations, and provisions, whether such owner's title
<br />was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise.
<br />8. Only City, its successors and assigns, and Project Sponsor and successors and
<br />assigns of Project Sponsor in and to all or any part of the fee title to the Property shall have the right
<br />to consent and agree to changes in, or to eliminate in whole or in part, any of the covenants,
<br />easements, or other restrictions contained in this Agreement Containing Covenants, or to subject the
<br />Property to additional covenants, easements or other restrictions. City, its successors and assigns,
<br />and Project Sponsor and the successors and assigns of Project Sponsor in and to all or any part of
<br />the fee title to the Property shall have the right to consent and agree to changes in, or to eliminate in
<br />whole or in part, any of the covenants, easements, or restrictions contained in this Agreement
<br />Containing Covenants or to subject the Property to additional covenants, easements, or other
<br />restrictions without the consent of any tenant, lessee, easement holder, licensee, mortgagee, trustee,
<br />beneficiary under a deed of trust, or any other person or entity having any interest less than a fee in
<br />the Property.
<br />9. The covenants established in this Agreement Containing Covenants, shall, without
<br />regard to technical classification and designation, be binding on Project Sponsor and any successor
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