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(g) the creation or unpw,i ti on of" any mechanics' or <br />m aterralmauns' hen rrr other- lien aagainst the Property which might materially affect the <br />Properly; an(Uerr <br />(la) any material adverse change iaa the finmiciaal condition of <br />l5 A Further Assurances. Developer shalt cxeCUte and aacknoMedge (or carcase <br />to be executed and acknowledged) and deliver to City all docwnrrents, and take aatl actions, <br />reasonably required by City li'orn t €live to tinge do confirm the rights created or now Or <br />hereafter intended Icr be crowed mider the Loan Documents; to proleet and farther the <br />validity, priority and enforceability of lire City Decd of Trust, to sabjecf to Chas Deed of <br />`trust any property intended by the terms ot" any Lotua Docunraent(s) to be covered by the <br />City Iteeil of "T'vaoSt rrr otlaerwvrse ter Carry y out lhe purposes of the Loan Documents and the <br />tmrisatctions tbererna�der. Notwithstartciutg "anything to (tic contrary set forth <br />herein, the Developer Shalt have no obligation to eMx.eGntel any docatrncrrt, or take rr.n ?y° <br />action, which Would (i) Change a nra'tcrial tarn of navy Loan Document, (n) change oB. <br />impair any material fight of Developer aarad /or (iii) increrrtie the liability of Developer or <br />any paan tier thereof. <br />15.5 Annual Financial Statements. Developer :shall dc+livor lo C ky, within <br />one hundred twenty (120) days .after the end op" cacti Calendar Year, (ai) a certified public <br />aecotuvtarrt rCVicvved balance sheet for Developer as oFthe end of such Calendar Year and <br />a UaTtified pnhhic accowovtattnt reviewed slatement of profit and loss for Developer arld liuo- <br />Develcrper "s orperautionw in connection with the Property for such Calendar Year, together <br />with all supporting schedules, (b) a certificate of such certtticd public aceoruat "ant that <br />suCta etocurnents were rev�iCwvccl fay suCb Corot Cd public accowarataant ill acunrrlance wvith <br />generally accepted accounting prorrrvCip>1CS aural u?th rwviwe coaatply vvatlt penc ;ratty accepted <br />aCCCaatntinp; prrrreipalCS revieww requirements, and (c) to certificate of Developer's <br />Administrative Ciervraal Partner that such doicument,s: (i) wcre prepared in accordwice <br />with generally accepted accounting principles applied on a consistent basis or in <br />accordance with such tither- pnincipules or naethocts its are rea":aratably acceptable to City, <br />(it) fairly present Developer's financial condilr`on, (iii) showv all material liabilities, direct <br />and contingent, and (iv) litirly preseutl the; results of Developer's operations. Dcveloper <br />shall also provide the City with arty other arrnual audit reports isaCrcd by other Frond.( ?ring <br />15 -6 Audits and Access to Records. Developer agrees that City, the 1-1.5. <br />DQpartment of housing and Urban Development, the Comptroller Ciencral of the tlniteal <br />States or any of their authorized representatives shalt have the right cap' ;aQe(ess, upon <br />reasonable notice, to any books, docurrrcrrts, papers, or anther- records of Developer which <br />are pertinent to this Agreement in ureter to make anrdits, erxatmnationn, abstracts, excerrts <br />or transcripts. Dccvelopo- will anaainttapn all, books and records pertaining to this Ag ecnaeatt <br />lbr a period of not less than five (5) years after all matters per-tairarnk to this Agreement <br />(r e, audit, disputes of titigadon) are resolved of accordance with atppbc�ible federal or <br />state laws, ve4i.datiorus or probcics, avail when a per iod of aflsvrdaabiplty or recapture, applies <br />to Developer's activttics, fire a period of not less than five (5) years alter the affordability <br />period ends. <br />all <br />25H -38 <br />