RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND. 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, as applicable, 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 the Board 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 the Board will not issue IRS Form 8609(s) constituting the final allocation of Credits for the Project until the Board has received the recorded executed original, or a duly certified copy, of this recorded Agreement. The Owner intends, declares and covenants, on behalf of itself and all future owners and operators of the Project Land and the Project that during the term of this Agreement, that this Agreement and the covenants and restrictions set forth herein and in the Exhibits attached 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 and the Project, encumbering the Project Land and the Project for the term of this Agreement, binding upon the Owner’s successors and assigns and all future owners and operators of the Project Land and the Project, (ii) are not merely personal covenants of the Owner, and (iii) shall bind the Owner (and the benefits shall inure to the Board 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 Project 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 Project Land. For the term of this Agreement, every contract, deed, or other instrument hereafter executed conveying the Project Land or the Project or any 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, deed, or other instrument hereafter executed conveying the Project Land or the Project or any portion thereof provides that such conveyance is subject to this Agreement. The Owner covenants to obtain the consent of any prior recorded lien holder for the Project to this Agreement, and such consent shall be a condition precedent to the Board’s issuance of the IRS Form 8609(s) constituting the final allocation of Credits for the Project.
Appears in 3 contracts
Samples: www2.minneapolismn.gov, www.stpaul.gov, www2.minneapolismn.gov
RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND. 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, as applicable, 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 the Board an executed original of the recorded Agreement, or a duly certified copy of the executed original, showing the date and an document numbers of record. The Owner agrees that the Board will not issue an IRS Form 8609(s) 8609 constituting the final allocation of Credits for the Project until unless the Board has received the recorded executed original, or a duly certified copy, of this recorded Agreement. The Owner intends, declares and covenants, on behalf of itself and all future owners and operators of the Project Land and the Project that during the term of this Agreement, that this Agreement and the covenants and restrictions set forth herein and in the Exhibits attached exhibits hereto regulating and restricting the use, occupancy and transfer of the Project Land and the Project: Project (i) shall be and are covenants running with the Project Land and the Project, encumbering the Project Land and the Project for the term of this Agreement, binding upon the Owner’s successors and assigns in title and all future subsequent owners and operators of the Project Land and the Project, (ii) are not merely personal covenants of the Owner, and (iii) shall bind the Owner (and the benefits shall inure to the Board 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 Project Land 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 Project Landland. 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 the Project or any 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, deed, or other instrument hereafter executed conveying the Project Land or the Project or any portion thereof provides that such conveyance is subject to this Agreement. The Owner covenants to obtain the consent of any prior recorded lien holder for the Project to this Agreement, and such consent shall be a condition precedent to the Board’s issuance of the IRS Form 8609(s) 8609 constituting the final allocation of Credits for the Project.
Appears in 3 contracts
Samples: www.stpaul.gov, www.minneapolismn.gov, www2.ci.minneapolis.mn.us
RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND. Upon execution and delivery by the Owner, the Owner shall cause deliver this Agreement and all amendments thereto hereto to HFI or the proximate Council of Government to be recorded and filed in the office of the County Recorder or Registrar of Titles, as applicable, Recorder’s Office of the county in which the Project Land Property is located and shall pay all fees and charges incurred in connection therewith. Upon recording, the Owner shall immediately transmit to the Board 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 the Board will not issue IRS Form 8609(s) constituting the final allocation of Credits for the Project until the Board has received the recorded executed original, or a duly certified copy, of this recorded Agreementlocated. The Owner intends, declares and covenants, on behalf of itself and all future owners and operators of the Project Land and the Project that during the term of this Agreement, covenants that this Agreement and the covenants and restrictions set forth herein and in the Exhibits attached hereto this Agreement regulating and restricting the use, occupancy and transfer use of the Project Land and the Project: Property (i) shall be and are covenants running with the Project Land and the ProjectProperty land, encumbering the Project Land and the Project Property for the term of this Agreement, binding upon the Owner’s successors and assigns and all future owners and operators of the Project Land and the Project, (ii) are not merely personal covenants of the Owner, and (iii) shall bind the Owner (and the benefits shall inure to the Board and any past, present or prospective tenant of the Project) and its respective successors and assigns all Owners during the term of this Agreement. The Owner hereby agrees that any and all requirements of the laws of the State of Minnesota Iowa to be satisfied in order for the provisions of this Agreement to constitute deed restrictions and covenants running with the Project Land 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 ensure that these restrictions run with the Project Landland. For the The term of this Agreement, each and every contract, deed, deed or other instrument hereafter executed conveying the Project Land or the Project or any portion thereof Property 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, deed, deed or other instrument hereafter executed conveying the Project Land or the Project or any portion thereof Property provides that such conveyance is subject to this Agreement. The Owner covenants agrees to obtain the consent of any present or prior recorded lien holder for lienholder, if necessary, on the Project Property, still in effect, to this Agreement, Agreement and such consent shall be a condition precedent to the Board’s issuance delivery of the IRS Form 8609(s) constituting the final allocation of Credits for the ProjectHFI House.
Appears in 2 contracts
Samples: Restrictive Covenants, Restrictive Covenants
RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND. Upon execution and delivery by the Owner, the Owner shall cause deliver this Agreement and all amendments thereto hereto to HFI or the proximate Council of Government to be recorded and filed in the office of the County Recorder or Registrar of Titles, as applicable, Recorder’s Office of the county in which the Project Land Property is located and shall pay all fees and charges incurred in connection therewith. Upon recording, the Owner shall immediately transmit to the Board 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 the Board will not issue IRS Form 8609(s) constituting the final allocation of Credits for the Project until the Board has received the recorded executed original, or a duly certified copy, of this recorded Agreementlocated. The Owner intends, declares and covenants, on behalf of itself and all future owners and operators of the Project Land and the Project that during the term of this Agreement, covenants that this Agreement and the covenants and restrictions set forth herein and in the Exhibits attached hereto this Agreement regulating and restricting the use, occupancy and transfer use of the Project Land and the Project: Property (i) shall be and are covenants running with the Project Land and the ProjectProperty land, encumbering the Project Land and the Project Property for the term of this Agreement, binding upon the Owner’s successors and assigns and all future owners and operators of the Project Land and the Project, (ii) are not merely personal covenants of the Owner, and (iii) shall bind the Owner (and the benefits shall inure to the Board and any past, present or prospective tenant of the Project) and its respective successors and assigns all Owners during the term of this Agreement. The Owner hereby agrees that any and all requirements of the laws of the State of Minnesota Iowa to be satisfied in order for the provisions of this Agreement to constitute deed restrictions and covenants running with the Project Land 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 Project Landland. For the The term of this Agreement, each and every contract, deed, deed or other instrument hereafter executed conveying the Project Land or the Project or any portion thereof Property 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, deed, deed or other instrument hereafter executed conveying the Project Land or the Project or any portion thereof Property provides that such conveyance is subject to this Agreement. The Owner covenants agrees to obtain the consent of any present or prior recorded lien holder for lienholder, if necessary, on the Project Property, still in effect, to this Agreement, Agreement and such consent shall be a condition precedent to the Board’s issuance delivery of the IRS Form 8609(s) constituting the final allocation of Credits for the ProjectHFI House.
Appears in 1 contract
Samples: Restrictive Covenants
RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND. Upon execution and delivery by the OwnerHomeowner, the Owner Homeowner shall cause deliver this Agreement and all amendments thereto hereto to HFI to be recorded and filed in the office of the County Recorder or Registrar of Titles, as applicable, Recorder’s Office of the county in which the Project Land Property is located and shall pay all fees and charges incurred in connection therewith. Upon recording, the Owner shall immediately transmit to the Board an executed original of the recorded Agreement, or a duly certified copy of the executed original, showing the date and document numbers of recordlocated. The Owner agrees that the Board will not issue IRS Form 8609(s) constituting the final allocation of Credits for the Project until the Board has received the recorded executed original, or a duly certified copy, of this recorded Agreement. The Owner Homeowner intends, declares and covenants, on behalf of itself and all future owners and operators of the Project Land and the Project that during the term of this Agreement, covenants that this Agreement and the covenants and restrictions set forth herein and in the Exhibits attached hereto this Agreement regulating and restricting the use, occupancy and transfer use of the Project Land and the Project: Property (i) shall be and are covenants running with the Project Land and the ProjectProperty land, encumbering the Project Land and the Project Property for the term of this Agreement, binding upon the Owner’s successors and assigns and all future owners and operators of the Project Land and the Project, (ii) are not merely personal covenants of the OwnerHomeowner, and (iii) shall bind the Owner (and the benefits shall inure to the Board and any past, present or prospective tenant of the Project) and its respective successors and assigns Homeowner during the term of this Agreement. The Owner Homeowner hereby agrees that any and all requirements of the laws of the State of Minnesota Iowa to be satisfied in order for the provisions of this Agreement to constitute deed restrictions and covenants running with the Project Land 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 Project Landland. For the The term of this Agreement, each and every contract, deed, deed or other instrument hereafter executed conveying the Project Land or the Project or any portion thereof Property 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, deed, deed or other instrument hereafter executed conveying the Project Land or the Project or any portion thereof Property provides that such conveyance is subject to this Agreement. The Owner Homeowner covenants to obtain the consent of any present or prior recorded lien holder for lienholder on the Project Property, still in effect, to this Agreement, Agreement and such consent shall be a condition precedent to the Board’s issuance delivery of the IRS Form 8609(s) constituting the final allocation of Credits for the ProjectHFI House.
Appears in 1 contract
Samples: Restrictive Covenants