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

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92.355; (g) records concerning lead-based paint in accordance with 24 CFR (h) if applicable, records which support any requests for waivers of the conflict of interest prohibition as stated in 24 CFR 92.356; (i) records of certifications of contractor qualifications as they relate to the debarment and suspension requirement as stated in 24 CFR 92.357 and 24 CFR Part 24; and 0) any other reports issued by other agencies monitoring the Project. 1210.3 Retention of Records. All records pertaining to each calendar year of HOME Program funds must be retained for the most recent five year period, except that for rental housing projects, records may be retained for five years after the project completion date; except that records of individual tenant income verifications, project rents and project inspections must be retained for the most recent five year period, until five years after the affordability period terminates (24 CFR 92.508). Developer shall cooperate with the Agency and City to retain all books and records relevant to the Agreement for a minimum of five years after the expiration of the Agreement and any and all amendments hereto, or for five years after the conclusion or resolution of any and all audits or litigation relevant to the Agreement, whichever is later. The Agency, the City, the State, the Office of the Auditor General of HUD, and/or their representatives shall have unrestricted reasonable access to all locations, books, and records for the purpose of monitoring, auditing, or otherwise examining said locations, books, and records with or without prior notice. 1210.4 Delivery of Records upon Termination of Agreement. If so directed by the Agency, the City, the State or HUD upon termination of the Agreement, Developer shall cause all records, accounts, documentation and all other materials relevant to the work to be delivered to the Agency, the City, the State or HUD, as depository. 1210.5 Access to Records. All records, accounts, documentation and other materials relevant to the Project shall be accessible at any time to the authorized representatives of the Agency, the City, the State or HUD, on reasonable prior notice, for the purpose of examination or audit. 1210.6 Annual Audit. The Agency/City may perform an annual audit at the close of each calendar year in which these Restrictions are in effect. Developer shall reasonably cooperate with Agency/City with respect to such audit. 1211. Effect of Violation of the Terms and Provisions of this Agreement After Completion of Construction. The Agency and City are deemed the beneficiaries of the terms and provisions of this Agreement, the other Project Documents, and all covenants running with the land, for and in their own right and for the purposes of protecting the interest of the community and other parties, public or private, in whose favor and for whose benefit this Agreement, the other Project Documents, and the covenants running with the land have been provided, without regard to whether the Agency or City have been, remain or are owners of any land or interest therein in the Property or in the Project. The Agency and City shall have the right, if the Agreement or covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other 43 25F-49