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604. Annual Financial Statements. Developer shall deliver to City, within one hundred <br />fifty (150) days after the end of each Calendar Year, (a) a certified public accountant reviewed <br />balance sheet for Developer as of the end of such Calendar Year and a certified public <br />accountant reviewed statement of profit and loss for Developer and for Developer's operations <br />specific to this Property for such Calendar Year, together with all supporting schedules, (b) a <br />certificate of such certified public accountant that such documents were reviewed by such <br />certified public accountant in accordance with generally accepted accounting principles and <br />otherwise comply with generally accepted accounting principles review requirements, and (c) a <br />certificate of Developer's chief financial officer that such documents: (i) were prepared in <br />accordance with generally accepted accounting principles applied on a consistent basis or in <br />accordance with such other principles or methods as are reasonably acceptable to City, (ii) fairly <br />present Developer's financial condition, (iii) show all material liabilities, direct and contingent, <br />and (iv) fairly present the results of Developer's operations. Developer shall also provide the <br />City with any other annual audit reports issued by other monitoring agencies. <br />605. Audits and Access to Records. Developer agrees that City, the U.S. Department of <br />Housing and Urban Development, the Comptroller General of the United States or any of their <br />authorized representatives shall have the right of access, upon reasonable notice, to any books, <br />documents, papers, or other records of Developer which are pertinent to this Agreement in order <br />to make audits, examinations, abstracts, excerpts or transcripts. Developer will maintain all <br />books and records pertaining to this Agreement for a period of not less than five (5) years after <br />all matters pertaining to this Agreement (i.e., audit, disputes or litigation) are resolved in <br />accordance with applicable federal or state laws, regulations or policies, and when a period of <br />affordability or recapture applies to Developer's activities, for a period of not less than five (5) <br />years after the affordability or recapture period ends. <br />606. Termite Inspection Report._ Developer shall deliver a termite report pertaining to <br />the Property to the City every fifth (5th) year beginning January 2016. <br />700. GOVERNMENTAL REQUIREMENTS <br />701. Economic Opportunities for Low Income People. (24 CFR 570.487, Section 3 of <br />the Housing and Urban Development Act of 1968, 12 USC 1701u, as amended by Section 915 of <br />the Housing and Community Development Act of 1992). Developer certifies that it implements <br />a policy in accordance with Section 3 of the Housing and Urban Development Act of 1968 that <br />requires employment and other economic opportunities arising in connection with housing <br />rehabilitation, housing construction and other public construction projects shall, to the extent <br />feasible and consistent with existing federal, state and local laws and regulations, be given to low <br />and very low-income persons. Noncompliance with HUD's regulations in 24 CFR part 135 may <br />result in sanctions, termination of this contract for default, and debarment or suspension from <br />future HUD assisted contracts. To the extent applicable, the Developer shall comply and/or <br />cause compliance with Section 3 Clause requirements for the NSP. For example, when and if <br />Developer or its contractor(s)/subcontractor(s) hire(s) full time employees, Section 3 is <br />applicable and all disclosure and reporting requirements apply. <br />14 <br />