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11/14/03 <br />(9) records if certifications of contractor qualifications as they relate <br />to the debarment and suspension requirement as stated in 24 CFR 92.357 and 24 CFR <br />Part 24; and <br />C. All records pertaining to each fiscal year of HOME funds must be <br />retained for the most recent five year period, except that for rental housing projects, <br />records may be retained for five years after the project completion date; except that <br />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 the <br />affordability period terminates (24 CFR 92.508). DEVELOPER shall cooperate with the <br />City to retain all boobs and records relevant to the .Loan Agreement for a minimum of <br />five years after the expiration of the Loan Agreement and any and all amendments <br />hereto, or for five years after the conclusion or resolution of any and all audits or <br />litigation relevant to the Loan Agreement, whichever is later. The City, the State, the <br />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 <br />monitoring, auditing, or otherwise examining said locations, books, and records with or <br />without prior notice. <br />d. if so directed by the Agency, City, the State or HUD upon termination of <br />the Loan Agreement, DEVELOPER shall cause all records, accounts, documentation <br />and all other materials relevant to the work to be delivered to the Agency, City, the <br />State or HUD, as depository. <br />e. All records, accounts, documentation and other materials relevant to the <br />Project shall be accessible at any time to the authorized representatives of the Agency, <br />City, the State or HUD, on reasonable prior notice, for the purpose of examination or <br />audit. <br />f Pursuant to 24 CFR Part 44, the City shall perform an annual audit at the <br />close of each fiscal year in which this Agreement is in effect_ DEVELOPER shall <br />reasonably cooperate with City in performing such audit. <br />15. The City and Agency are beneficiaries of the terms and provisions of this <br />Agreement and the covenants herein, both for and in their own right and for the <br />purposes of protecting the interests of the community and other parties, public or <br />private, for whose benefit this Agreement and the covenants running with the land have <br />been provided. The City and Agency shall have the right if the covenants are breached, <br />to exercise all rights and remedies, and to maintain any actions or suits at law or in <br />equity or other proper proceedings to enforce the curing of such breaches to which they <br />or any other beneficiaries of this Agreement and covenants are entitled. <br />16. The covenants and agreements contained herein shall run with the land <br />and not be personal obligations of DEVELOPER. Upon the sale, conveyance or other <br />transfer of the Property (a "Transfcr'� and the assumption of the obligations hereunder <br />11 of 14 <br />