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<br />the additional insured and, at the option of such additional <br />insured, may be applied to any indebtedness owed to such insured <br />or released for repair or rebui lding of the Property. Surplus <br />insurance proceeds thereafter may be disbursed to the Developer. <br /> <br />10. Records and Reports. 24 CFR 92.504(c) (12). <br /> <br />Developer shall prepare, maintain and submit to the City, as <br />appropriate, the following records and reports: <br /> <br />a. Annual Reports. Developer shall file with the City an <br />Annual Report (herein referred to as the "Annual Report") within <br />sixty (60) days following the end of each caJ endar year, <br />commencing ,-'i th the end of the calendar year during which the <br />acquisition is completed. The Annual Report shall include, and <br />shall contain a certification with regard to, the rental rate and <br />the income and family size of the occupants for each dwelling unit <br />on the Property who have inhabited the Property during the <br />previous calendar year. Developer shall obtain the income <br />information required to be included in the Annual Report from the <br />occupants of the Property. Any lease or other agreement that <br />Developer requires occupants of the dwelling units on the Property <br />to execute shall require the occupants to provide such income <br />information upon the request of the Developer. The Annual Report <br />shall contain a certification by Developer as to such olher <br />information the Deputy City Manager for Development Services or <br />his/her designee may reasonably require. <br /> <br />(I) <br />subcontractors <br />above. <br /> <br />Certifications given by contractors and <br />(if any) given pursuant to Sections 8. g. and 8. h. , <br /> <br />(2) Statement of income to Developer from tenants <br />pursuant to Section 10.a., above. <br /> <br />Developer shall retain all books and records relevant to this <br />Agreement for a minimum of four years after the expiration of this <br />Agreement and any and all amendments hereto, or for four years <br />after the conclusion or resolution of any and all audits or <br />litigation relevant to this Agreement, whichever is later. The <br />City, the State, HUD, and/or their representatives shall have <br />unrestricted reasonable access to all locations, books, and <br />records for the purpose of monitoring, auditing, or otherwise <br />examining said locations, books, and records with or without prior <br />notice. <br /> <br />If so directed by the City, the State or HUD upon termination <br />of this Agreement, Developer shall cause all records, accounts, <br />documentation and all other materials relevant to the Work to be <br />delivered to the City, the State or HUD, as depository. <br /> <br />c. Audi ts. Developer shall be subj ect to periodic audits <br />pursuant to 24 CFR Part 45. Developer shall reasonably cooperate <br />with City in performing such audit. <br /> <br />Straight Talk Development Agreement <br />7/18/2007 <br /> <br />7 <br />