RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND. (a) Following execution by the Development Owner and the Authority, the Development Owner shall cause this AGREEMENT and all amendments hereto to be recorded and filed in the office of the Circuit Clerk and Ex-Officio Recorder of the County in which the Development is located, and shall pay all fees and charges incurred in connection therewith. Upon recording, the Development Owner shall immediately transmit to the Authority an executed original of the recorded AGREEMENT showing the date, record book and page numbers of record or record of instrument number, as applicable. The Development Owner agrees that the Authority will not issue the Internal Revenue Service Form 8609 constituting final allocation of the Tax Credits unless and until the Authority has received the recorded executed original of this AGREEMENT.
(b) The Development Owner intends, declares and covenants on behalf of itself and all future Development Owners or successors in interest of the Development during the term of this AGREEMENT, that this AGREEMENT and the covenants and restrictions set forth in this AGREEMENT regulating and restricting the use, occupancy and transfer of the Development (i) shall be and are covenants running with the Development, encumbering the Development for the term of this AGREEMENT, binding upon the Development Owner’s successors in title and all subsequent Development Owners of the Development, (ii) are not merely personal covenants of the Development Owner, and (iii) shall bind the Development Owner (and the benefits shall inure to the Authority and any past, present or prospective tenant of the Development) and its respective successors and assigns during the term of this AGREEMENT. The Development Owner hereby agrees that any and all requirements of the laws of the State of Arkansas that must be satisfied in order for the provisions of this AGREEMENT to constitute valid restrictions and covenants running with the Development are deemed satisfied in full, and that any requirements or privileges of estate are satisfied, or in the alternative, that an equitable servitude has been created to insure that these restrictions and covenants run with the Development. For the term of this AGREEMENT, each and every contract, deed or other instrument hereafter executed conveying the Development, or any building (or interest therein) a part of the Development, shall expressly state that such conveyance is subject to this AGREEMENT. However, the covenants contained herein...
RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND. (a) This Agreement will be recorded in the real property records where the Project is located, and the covenants contained herein shall run with the land and shall bind, and the benefits shall inure to the Owner and its successors and assigns, the Authority and its successors and assigns, and all subsequent owners of the Project or any interest therein, for the Term.
(b) The Owner agrees that any and all requirements of the laws of the State that must be satisfied in order for the provisions of this Agreement to constitute restrictive covenants running with the land shall be deemed to be satisfied in full, and any requirements of privity of estate are intended to be satisfied, or in the alternate, that an equitable servitude has been created to insure that these restrictions run with the land.
(c) During the Term of this Agreement, each and every contract, deed or other instrument hereafter executed conveying the Project or portion thereof shall expressly provide that such conveyance is subject to this Agreement; provided, however, the covenants contained herein shall survive and be effective as to successors and/or assigns of all or any portion of the Project, regardless of whether such contract, deed or other instrument conveying the Project or portion thereof provides that such conveyance is subject to this Agreement.
RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND a. This Covenant shall be placed of record in the real property records of Boulder County, Colorado. Except as otherwise provided herein, the covenants contained herein shall run with the land and shall bind, and the benefits shall inure to, respectively, Grantor and its successors and assigns, and the County and its successors and assigns, and all subsequent owners of the Project or any interest therein, for the period prescribed herein under Term of Restriction.
b. Grantor hereby agrees that any and all requirements of the laws of Colorado to be satisfied in order for the provisions of this Covenant to constitute restrictive covenants running with the land shall be deemed to be satisfied in full, including without limitation that this Covenant does not constitute an unreasonable restraint on alienation of the Project or any interests therein, and that any requirement of privity of estate are intended to be satisfied or, in the alternative, that an equitable servitude has been created to insure that the covenants, conditions, and restrictions herein run with the land.
c. During the term of this Covenant, each and every contract, deed or other instrument hereafter executed conveying the Project or portion thereof shall expressly provide that such conveyance is subject to this Covenant, provided, however, the covenants contained herein shall survive and be effective as to successors and/or assigns of all or any portion of the Project, regardless of whether such contract, deed or other instrument hereafter executed conveying the Project or portion thereof provides that such conveyance is subject to this Covenant.
d. Grantor agrees to use the Restricted Property only for the Project.
RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND. This Agreement is a land-use restriction agreement to be recorded in the public records and run with the land:
(a) Upon execution and delivery by the parties hereto, the Grantee shall cause this Agreement and all amendments and supplements hereto to be recorded and filed in the official public deed records of the County and in such manner and in such other places as the County may reasonably request, and shall pay all fees and charges incurred in connection therewith.
(b) This Agreement and the covenants contained herein shall run with the land and shall bind, and the benefits shall inure to, respectively, the Grantee, the County, and their respective successors and assigns during the Term of this Agreement.
RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND. (a) Upon execution and delivery by the Owner, the Owner shall cause this Agreement and all amendments thereto to be recorded in the office of the County Recorder or Registrar of Titles of the county in which the Project Land is located and shall pay all fees and charges incurred in connection therewith. Upon recording, the Owner shall immediately transmit to Minnesota Housing an executed original of the recorded Agreement, or a duly certified copy of the executed original, showing the date and document numbers of record. The Owner agrees that Minnesota Housing will not issue an IRS Form 8609 constituting final allocation of Credits for the Project unless Minnesota Housing has received the recorded executed original, or a duly certified copy, of this Agreement as recorded.
(b) The Owner intends, declares and covenants, on behalf of itself and all future Owners and Operators of the Project Land and the Project during the term of this Agreement, that this Agreement and the covenants and restrictions set forth herein and in the exhibits hereto regulating and restricting the use, occupancy and transfer of the Project Land and the Project (i) shall be and are covenants running with the Project Land, encumbering the Project Land for the term of this Agreement, binding upon the Owner’s successors in title and all subsequent Owners and Operators of the Project Land, (ii) are not merely personal covenants of the Owner, and (iii) shall bind the Owner (and the benefits shall inure to Minnesota Housing and any past, present or prospective tenant of the Project) and its respective successors and assigns during the term of this Agreement. The Owner hereby agrees that all requirements of the laws of the State of Minnesota to be satisfied in order for the provisions of this Agreement to constitute deed restrictions and covenants running with the land shall be deemed to be satisfied in full, and that any requirements of privileges of estate are intended to be satisfied, or in the alternate, that an equitable servitude has been created to insure that these restrictions run with the land. For the longer of the period that the Credits are claimed or the term of this Agreement, every contract, deed, or other instrument hereafter executed conveying the Project Land or portion thereof, shall expressly provide that such conveyance is subject to this Agreement; provided, however, that the covenants contained herein shall survive and be effective regardless of whether such contract,...
RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND. 3.1 Upon execution, the Owner shall cause this Agreement and all amendments hereto to be recorded with the Hampshire Registry of Deeds and shall pay all fees and charges incurred in connection therewith. Upon recording, the Owner shall immediately transmit to DHCD evidence of the recording including the date and instrument number or deed book and page numbers. The Owner agrees that DHCD will not issue the Internal Revenue Service Form 8609 constituting final allocation of the Low-Income Housing Tax Credit unless and until DHCD has received a certified copy of the recorded Agreement.
3.2 The Owner intends, declares and covenants, on behalf of itself and all future owners and operators of the Project Land during the term of this Agreement, that this Agreement and the covenants and restrictions set forth in this Agreement regulating and restricting the use, occupancy and transfer of the Project Land and the Project (i) shall be and are covenants running with the
3.3 The Owner covenants to obtain the consent of any prior recorded lienholder on the Project to this Agreement and such consent shall be a condition precedent to the issuance of Internal Revenue Service Form 8609 constituting final allocation of the Low-Income Housing Tax Credit.
