(8) if applicable, records which support any requests for waivers of the conflict of
<br />interest prohibition as stated in 24 CFR 92.356;
<br />(9) records of certifications of contractor qualifications as they relate to the
<br />debarment and suspension requirement as stated in 24 CFR 92.357 and 24 CFR Part 24; and
<br />(10) any other reports issued by other monitoring agencies.
<br />C. All records, accounts, documentation and other materials pertaining to the Project
<br />must be retained for the most recent five year period, except that construction records may be
<br />retained for five years after the date the Release of Construction Covenants is recorded against the
<br />Property and records of individual tenant income verifications, project rents and project inspections
<br />must be retained for the most recent five year period, until five years after expiration of the Term
<br />hereof. Vista Del Rio shall cooperate with the City to retain all books and records relevant to the
<br />Loan Agreement for a minimum of five years after the expiration of the Term of the Loan Agreement
<br />and any and all amendments hereto, or for five years after the conclusion or resolution of any and all
<br />audits or litigation relevant to the Loan Agreement, whichever is later. The City, the Successor
<br />Agency, the State, the Office of the Auditor General of HUD, and /or their representatives shall have
<br />unrestricted reasonable access to all locations, books, and records for the purpose of monitoring,
<br />auditing, or otherwise examining said locations, books, and records with or without prior notice.
<br />d. If so directed by the Successor Agency, Authority, City, the State or HUD upon
<br />termination of the Loan Agreement, Vista Del Rio shall cause all records, accounts, documentation
<br />and all other materials relevant to the work to be delivered to the Successor Agency, Authority, City,
<br />the State or HUD, as depository.
<br />e. All records, accounts, documentation and other materials relevant to the Project shall
<br />be accessible at any time to the authorized representatives of the Successor Agency, Authority, City,
<br />the State or HUD, on reasonable prior notice, for the purpose of examination or audit.
<br />f Pursuant to 24 CFR Part 44, the City shall perform an annual audit at the close of
<br />each calendar year in which these Restrictions are in effect. Vista Del Rio shall reasonably cooperate
<br />with City in performing such audit.
<br />15. THIRD PARTY BENEFICIARY. The Housing Authority of the City of Santa Ana
<br />( "Authority ") is an intended third party beneficiary of the terms and provisions of these Restrictions
<br />and the covenants herein, with full right (but no obligation) to enforce the terms, provisions, and
<br />covenants contained herein. City, Authority, Successor Agency and Authority are each beneficiaries
<br />hereunder, both for and in their own right and for the purposes of protecting the interests of the
<br />community and other parties, public or private, for whose benefit these Restrictions and the
<br />covenants running with the land have been provided. The City, Authority, and Successor Agency
<br />shall have the right if the covenants are breached, to exercise all rights and remedies, and to maintain
<br />any actions or suits at law or in equity or other proper proceedings to enforce the curing of such
<br />breaches to which they or any other beneficiaries of these Restrictions and covenants are entitled.
<br />16. COVENANTS RUN WITH LAND. The covenants and agreements contained herein shall
<br />run with the land and not be personal obligations of Vista Del Rio.
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