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(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. <br />B -17 <br />Doc SOG 1475221 v 10/200272 -0004 <br />