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11/14/03 <br />Director may then require, including, but not limited to, the following: <br />(1) The fiscal condition) of the project, including the Annual Budget <br />and Project Cash Flow report required by Section 10 (c) of the Agreement Containing <br />Covenants which shall include a financial statement for the previous fiscal year that <br />includes a balan,co sheet and aprofit and loss statement indicating any surplus or deficit <br />in operating accounts; a detailed itemized listing of income and expenses; and the <br />amounts of any fiscal reserves. Such Annual Budget and financial statement shall be <br />prepared in accordance with generally accepted accounting practices. 'f he City <br />Executive Director may require that the financial statement be audited at <br />DEVELOPER's expense by an independent certified public accountant acceptable to <br />the City's Treasurer; <br />(2) Any substantial physical defects in the Project, including a <br />description of any major repair or maintenance work undertaken or needed in the <br />previous and current calendar years. Such statement shall describe what steps <br />DEVELOPER has taken in order to maintain the Project in a safe and sanitary condition <br />in accordance with applicable housing and building codes and the property standards set <br />forth in 24 CFR 92.251. <br />(3) The occupancy of the Restricted Units indicating the income of <br />each current resident and the current rents charged each resident and whether those <br />rents include utilities, including records that demonstrate that the Project meets the <br />requirements of 24 CFR 92.253 for tenant and participant protection under the HOME <br />Program, <br />(4) CxcnGral management performance, incIaditlg tenant relations and <br />other relevant information; <br />(5) Records that demonstrate that the Restricted Units meet the <br />affordability requirements of 24 CFR 92.252, 50052.5 and 54053(b)(1) of the California <br />Health and Safety Code,for the required period of affordability according to section <br />33334.3 of the California Health and Safety Code; <br />(6) Evidence of a currently paid hazard insurance policy in <br />accordance with the requirements of Section 6 of the HOME Loan deed of trust, with a <br />loss payable endorsement naming the Agency and City as a loss payee(s) together with <br />other approved lenders (as their interests .may appear), with a "Replacement Cost <br />Endorsement" in amount sufficient to prevent DEVELOPER VELOPER or City from becoming a <br />co-insurer under the terms of the policy, but in any event in an amount riot less than <br />100% of the then full replacement cost, to be determined at least once annually and <br />subject to reasonable approval by the Executive Director. <br />(7) Evidence of a currently paid liability insurance policy, naming <br />the City as additional insured and in a forin approved by the City Attorney with <br />coverage, as described in the .Loan Agreement; and <br />9of14 <br />