25F - AGMT - 605-611 EAST WASHINGTON ST LOAN

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Developer agrees to maintain records in a businesslike manner, to make such records available to the Agency and City upon twenty-four (24) hours notice, and to maintain such records for the entire Term of this Agreement. Developer shall cure any defects or deficiencies found by the Agency/City while conducting such inspections within two weeks of written notice thereof, or such longer period as is reasonable within the sole discretion of the Agency/City. Without limiting the generality of the foregoing, Developer shall prepare, maintain and submit to the Agency, as appropriate, the following records and reports in compliance with Health and Safety Code Section 33418 and 24 CFR 92.504(c)(12): 1210.1 Annual Reports. Developer shall file with the Agency an Annual Report (herein referred to as the "Annual Report") within one hundred fifty (150) days following the end of each calendar year, commencing with the end of the calendar year (or portion thereof) in which the first disbursement of the Loans occurs. The Annual Report shall contain a certification by Developer as to such information as the Executive Director may then require, including, but not limited to, the following: (a) The fiscal condition of the Project, including the Annual Budget; an updated Project cash flow projection; a financial statement for the previous calendar year that includes a balance sheet and a profit and loss statement indicating any surplus or deficit in operating accounts; a detailed itemized listing of income and expenses; and the amounts contained in any fiscal reserves. Such Annual Budget and financial statement shall be prepared in accordance with generally accepted accounting practices, consistently applied. The Executive Director may require that the financial statement be audited at Developer's expense by an independent certified public accountant acceptable to the Executive Director. (b) Any substantial physical defects in the Project, including a description of any major repair or maintenance work undertaken or needed in the previous and current years. Such statement shall describe what steps Developer has taken in order to maintain the Project in a safe and sanitary condition in accordance with applicable housing and building codes and the property standards set forth in 24 CFR 92.251. (c) A report regarding the occupancy of the Affordable Units indicating the income of each current resident and the current rents charged each resident and whether those rents include utilities, including records that demonstrate that the Project meets the requirements of 24 CFR 92.253 for tenant and participant protection under the HOME Program and the requirements of the Agreement and these Restrictions. (d) General management performance, including tenant relations and other relevant information. (e) Records that demonstrate that the Affordable Units meet the affordability requirements of 24 CFR 92.252 and Section 50053 of the California Health and Safety Code, for the required period of affordability according to Section 33334.3 of the California Health and Safety Code. (f) Evidence of a currently paid hazard insurance policy in accordance with the requirements of the Agency Deed of Trust and the City Deed of Trust, with a loss payable endorsement naming the Agency and City as a loss payees together with other approved lenders (as 250-47