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FULL PACKET_2019-04-16
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FULL PACKET_2019-04-16
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Date
4/16/2019
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(2) All records pertaining to each Calendar Year of Agency funds must be <br />retained for the most recent five year period, except that for rental housing <br />projects, records may be retained for five years after the Project <br />completion date; except that records of individual tenant income <br />verifications, Project rents and Project inspections must be retained for the <br />most recent five year period, until five years after the Affordability Period <br />terminates. Developer shall cooperate with the Agency to retain all books <br />and records relevant to the Loan Agreement for a minimum of five years <br />after the expiration of the Loan Agreement and any and all amendments <br />hereto, or for five years after the conclusion or resolution of any and all <br />audits or litigation relevant to the Loan Agreement, whichever is later. <br />The Agency, the State, and/or their representatives shall have unrestricted <br />reasonable access to all locations, books, and records for the purpose of <br />monitoring, auditing, or otherwise examining said locations, books, and <br />records with or without prior notice. <br />(3) If so directed by the Agency upon termination of the Loan Agreement, <br />Developer shall cause all records, accounts, documentation and all other <br />materials relevant to the work to be delivered to the Agency, as <br />depository. <br />(4) All records, accounts, documentation and other materials relevant to the <br />Project shall be accessible at any time to the authorized representatives of <br />the Agency on reasonable prior notice, for the purpose of examination or <br />audit. <br />(5) , The Agency shall perform an annual audit at the close of each Calendar <br />Year in which these Restrictions are in effect. Developer shall reasonably <br />cooperate with Agency in performing such audit. <br />(6) Developer shall permit the Agency to perform an Annual Physical <br />Inspection of the Property with at least ten (10) Business Days notice. <br />Developer shall cooperate with this Inspection and shall take all steps <br />necessary to quickly correct any code deficiencies identified during the <br />Inspection. <br />F. If there is a discrepancy between local, state and federal law with regard to any of <br />the aforementioned covenants, the more stringent shall apply. <br />G. The Agency is the beneficiary of the terms and provisions of these Restrictions <br />and the covenants herein, both for and in its own right and for the purposes of protecting the <br />interests of the community and other parties, public or private, for whose benefit these <br />Restrictions and the covenants running with the land have been provided. The Agency shall <br />have the right if the covenants are breached, to exercise all rights and remedies, and to maintain <br />any actions or suits at law or in equity or other proper proceedings to enforce the curing of such <br />breaches to which they or any other beneficiaries of these Restrictions and covenants are entitled. <br />16 <br />80A-156 <br />
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