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<br />all Qualifying Tenants, including the percentage of the dwelling units of the Project <br />which were occupied by Qualifying Tenants (or held vacant and available for <br />occupancy by Qualifying Tenants) at all times during the year preceding the date <br />of the certificate; (ii) describing all transfers or other changes in ownership of the <br />Project or any interest therein; and (iii) stating that all Affordable Units were rented <br />or available for rental on a continuous basis during the year to Qualifying Tenants <br />and that Declarant was not otherwise in default under this Declaration during the <br />year. The initial deadline for submission of such certification is three months <br />following the Commencement Date and thereafter an annual deadline for <br />submission of January 31. <br />(b) Books and Records. Declarant shall permit, during normal business hours and upon <br />reasonable notice, any duly authorized representative of the Authority or City, to <br />inspect any books and records of Declarant regarding the Project with respect to <br />the incomes of tenant households of Affordable Units and the rents charged for <br />Affordable Units to ensure compliance with the requirements of this Declaration. <br />At the City’s or Authority’s request, Declarant will submit any other information, <br />documents or certifications that Declarant, in its reasonable discretion, deems <br />necessary to substantiate Declarant’s compliance with the requirements of this <br />Declaration. <br />(c) Delegation; Third-Party Monitoring. Each of the Authority and the City may, in <br />their reasonable discretion, delegate their obligations hereunder and <br />responsibilities for monitoring and enforcement of this Declaration to a separate <br />subdivision of the City and/or one or more designated contractors, subcontractors, <br />or agents. Declarant shall, upon annual invoicing, reimburse the Authority and the <br />City for third-party expenses related to monitoring of Declarant’s compliance with <br />this Declaration, including any additional costs necessitated by re-inspections for <br />noncompliance with this Declaration. <br />(d) Reserved. <br />(e) Notice of Non-Compliance. Declarant shall immediately notify the Authority and <br />the City if at any time during the term of this Declaration the dwelling units in the <br />Project are not occupied or available for occupancy as required by the terms of this <br />Declaration. <br />4. Additional Covenants, Representations, and Warranties of Declarant. <br />(a) Legal Compliance. Declarant shall maintain the Affordable Units and the Project <br />in compliance with all requirements of the Redevelopment Agreement, any <br />requirements of any lender whose loan is secured by a mortgage to which <br />Declarant is a party or by which it or the Project is bound, and applicable <br />ordinances, building and use restrictions, code-required building permits, and any <br />requirements with respect to licenses, permits, and agreements necessary for the <br />lawful use and operation of the Project. <br />(b) No Violation. The execution and performance of this Declaration by Declarant (i) <br />will not violate or, as applicable, have not violated any provision of law, rule or <br />regulation, or any order of any court or other agency or governmental body, and <br />(ii) will not violate or, as applicable, have not violated any provision of any <br />4 <br /> <br />