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(f) The Agency/City may perform an annual audit at the close of each calendar year in which these Restrictions are in effect. Developer shall reasonably cooperate with Agency/City with respect to such audit. 7. Project Operating Budget. Developer must promptly deposit all project income directly into a segregated depository account established exclusively for the Project ("Project Operating Account") in accordance with the Operating Budget prepared by Developer and approved by the Executive Director each year. Withdrawals from this account may be made only in accordance with the provisions of these Restrictions and the approved Operating Budget, as it may be revised from time to time with Agency/City approval. Developer may make withdrawals from this account solely for the payment of project expenses and project fees included in the approved Operating Budget. Withdrawals from this account for other purposes may be made only with the prior written approval of the Agency/City. 8. Replacement Reserve Account. Developer must establish or cause to be established a segregated interest-bearing replacement reserve depository account ("Replacement Reserve Account") no later than sixty (60) days after the Notice of Completion is filed. Developer must make monthly deposits from project income into the Replacement Reserve Account in accordance with the approved Annual Budget, as amended from time to time. Developer may withdraw funds from the Replacement Reserve Account solely to fund capital improvements for the Project, such as replacing or repairing structural elements, furniture, fixtures or equipment of the Project that are reasonably required to preserve the Project. Developer may not withdraw funds from the Replacement Reserve Account for any other purpose without the prior written approval of the Agency/City. 9. Maintenance of the PropertX. Developer shall, at its sole cost and expense, maintain or cause to be maintained the interior and exterior of the Project and all Housing Units thereof and the Property in a decent, safe and sanitary manner, in accordance with the HUD Housing Quality Standards (HQS) and the maintenance standards required by Section 92.251 of the HOME Regulations, and in accordance with the standard of maintenance of first class apartments within Orange County, California. None of the Housing Units in the Project shall at any time be utilized on a transient basis, nor shall the Property or any portion thereof ever be used as a hotel, motel, dormitory, fraternity or sorority house, rooming house, hospital, nursing home, sanitarium or rest home, or be converted to condominium ownership. If at any time Developer fails to maintain the Project or the Property in accordance with these Restrictions and such condition is not corrected within five (5) days after written notice from City with respect to graffiti, debris, and waste material, or thirty days after written notice from City with respect to general maintenance, landscaping and building improvements, then City, in addition to whatever remedy it may have at law or at equity, shall have the right to enter upon the applicable portion of the Project or the Property and perform all acts and work necessary to protect, maintain, and preserve the Project and the Property, and to attach a lien upon the Property, or to assess the Property, in the amount of the expenditures arising from such acts and work of protection, maintenance, and preservation by City and/or costs of such cure, including a reasonable administrative charge, which amount shall be promptly paid by Developer to City upon demand. The liens created under this Section shall be subject and subordinate to the lien of the mortgage or deed of trust encumbering the Property (or any part of the Property) for the Primary Loan approved pursuant to the terms of these Restrictions. (a) Alterations and Repair. Developer shall not remove, demolish or materially alter any Improvement without Agency/City's prior consent, except to make non-structural repairs which preserve or increase the Property's value, and shall promptly restore, in a good and 9 DOC S OC/ 1495827v2/200272-0003