05 - JOINT PH - Vista Del Rio DDA

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(2) records, for each HOME Unit, which demonstrates that the project meets the requirements of 24 CFR 92.252. (3) records which demonstrate compliance with the tenant and participant protections, as specified in 24 Section 29.253; (4) records which demonstrate compliance with the Equal Opportunity and Fair Housing requirements outlined in these Restrictions, including: (A) data on the extent to which each racial and ethnic group and single head of household (by gender of head of household) have applied for, participated in, or benefited from, any program or activity funded in whole or in part with HOME Program funds; (B) documentation of actions undertaken to meet the equal opportunity requirements of 24 CFR 92.350, which implements Section 3 of the Housing Development Act of 1968, as amended (12 U.S.C. § 1701u); (C) documentation and data on the steps taken to implement Vista Del Rio's outreach programs to minority-owned and women-owned businesses to meet the minority outreach requirements of 24 CFR 92.350; (5) documentation of the steps taken to carry out an affirmative marketing program in accordance with 24 CFR 92.351, if applicable; (6) if applicable, records which demonstrate compliance with the requirements relating to relocation of displaced persons, as described in 24 CFR 92.353. At a minimum, these shall include project occupancy lists identifying the name and address of all persons occupying the project property up until the date of the Real Estate Closing (i.e., the date on which Vista Del Rio obtained site control); (7) records concerning lead-based paint in accordance with 24 CFR 92.355; (8) if applicable, records which support any requests for waivers of the conflict of interest prohibition as stated in 24 CFR 92.356; (9) 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 (10) any other reports issued by other monitoring agencies. c. All records, accounts, documentation and other materials pertaining to the Project must be retained for the most recent five year period, except that construction records maybe retained for five years after the date the Release of Construction Covenants is recorded against the Property and 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 expiration of the Term hereof. Vista Del Rio shall cooperate with the City to retain all books and records relevant to the Loan Agreement for a minimum of five years after the expiration of the Term of the Loan 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 Loan Agreement, whichever is later. The City, the Agency, the State, the Office of the Auditor General of HUD, and/or their representatives shall have unrestricted B-16 DOCSOC/1475221 v5/200272-0004