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(3) A report regarding the occupancy of the Affordable Units indicating <br />the income of each current resident and the current rents charged each resident and whether those <br />rents include utilities, including records that demonstrate that the Project meets the requirements of <br />24 CFR 92.253 for tenant and participant protection under the HOME Program and the requirements <br />of the Agreement and these Restrictions. <br />(4) General management performance, including tenant relations and <br />other relevant information. <br />(5) Records that demonstrate that the Affordable Units meet the <br />affordability requirements of 24 CFR 92.252 and Section 50053 of the California Health and Safety <br />Code, for the required period of affordability according to Section 33334.3 of the California Health <br />and Safety Code. <br />(6) Evidence of a currently paid hazard insurance policy in accordance <br />with the requirements of the Agency Deed of Trust and the City Deed of Trust, with a loss payable <br />endorsement naming the Agency and City as a loss payees together with other approved lenders (as <br />their interests may appear), with a "Replacement Cost Endorsement" in amount sufficient to prevent <br />Developer or Agency/City from becoming a co-insurer under the terms of the policy, but in any event <br />in an amount not less than 100% of the then full replacement cost, to be determined at least once <br />annually and subject to reasonable approval by the Executive Director. <br />(7) Evidence of a currently paid liability insurance policy, naming the <br />Agency and City as additional insureds and in a form approved by legal counsel to the Agency and <br />City, with coverage as described in the Agreement. <br />(8) Termite reports pertaining to the Property shall be provided every <br />fifth (5th) year. <br />(9) Such other information as may be reasonably required by the <br />Executive Director or his/her designee. <br />(b) Records and Audits. Developer shall maintain the following records, and <br />make them available for inspection by the Agency, the City, the State or HUD: <br />(1) records which demonstrate that the project meets the property <br />standard specified in 24 CFR 92.251; <br />(2) records, for each Affordable Unit, which demonstrates that the project <br />meets the requirements of 24 CFR 92.252; <br />(3) records which demonstrate compliance with the tenant and participant <br />protections, as specified in 24 Section 29.253; <br />(4) records which demonstrate compliance with the Equal Opportunity <br />and Fair Housing requirements outlined in these Restrictions, including: <br />(A) data on the extent to which each racial and ethnic group and <br />single head of household (by gender of head of household) have applied for, participated in, or <br />benefited from, any program or activity funded in whole or in part with HOME funds; <br />7 <br />DOC SOC/ 1495827v2/200272-0003