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11.16 Records and Reports. Vista Del Rio shall maintain and from time to time submit to <br />City or Agency such records, reports and information as the Executive Directors may reasonably <br />require in order to permit City and Agency to meet the record keeping and reporting requirements <br />required of it pursuant to 24 CFR 92.508. <br />11.17 Reserved. <br />11.18 Conflict of Interest. Vista Del Rio shall comply with and be bound by the conflict <br />of interest provisions set forth at 24 CFR 570.611, as well as state regulations pertaining to conflict <br />of interest. <br />11.19 Monitoring. Vista Del Rio shall allow the City to conduct annual inspections of the <br />HOME Units on the Property as required by the Program after the date of construction completion, <br />with reasonable notice. Vista Del Rio shall cure any defects or deficiencies found by the City while <br />conducting such inspections within thirty (30) days of written notice thereof, or such longer period as <br />is reasonable within the sole discretion of the City. Health and Safety Code section 33418 requires <br />that the Agency monitor, on an ongoing basis, any affordable housing. <br />11.20 Recertification of Tenant Income. <br />(A) Vista Del Rio shall take all necessary steps to review the <br />income of all tenants prior to renting to them, as well as reviewing current tenants on an annual basis, <br />in accordance with HOME regulations and guidelines. Every fifth (5th) year, Vista Del Rio shall <br />require new original income documents to be submitted by tenants. Tenants in HOME Units whose <br />incomes no longer comply with federal income guidelines shall have their rents adjusted in <br />accordance with federal HOME guidelines (24 CFR 92.252-92.253). <br />(B) HOME Units continue to qualify as affordable housing <br />despite a temporary non-compliance caused by increases in the incomes of existing tenants if actions <br />satisfactory to HUD are being taken to ensure that all vacancies are filled in accordance with this <br />section until the non-compliance is corrected. <br />11.21 Other HOME Program Requirements. Vista Del Rio shall comply with all other <br />applicable requirements of the HOME Program, the Section 8 Requirements, and the CRL. <br />11.22 Controlling Covenants. If there is a discrepancy between State and Federal law <br />with regard to any of the aforementioned covenants, the more stringent shall apply. <br />12. MAINTENANCE, MANAGEMENT, OPERATION, PRESERVATION AND REPAIR <br />OF PROPERTY <br />12.1 Maintenance. Vista Del Rio shall, at its sole cost and expense, maintain or cause to <br />be maintained the interior and exterior of the Project and all Units thereof and the Property in a <br />decent, safe and sanitary manner, in accordance with the HUD Housing Quality Standards (HQS) <br />and the maintenance standards required by Section 92.251 of the HOME Regulations, and in <br />accordance with the standard of maintenance of first class apartments within Orange County, <br />California. None of the Units in the Project shall at any time be utilized on a transient basis, nor shall <br />the Property or any portion thereof ever be used as a hotel, motel, dormitory, fraternity or sorority <br />house, rooming house, hospital, nursing home, sanitarium or rest home, or be converted to <br />27 <br />DOCSOC/1475221 v5/200272-0004 <br />