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is for an ineligible item or is otherwise not in compliance with or inconsistent with the Loan <br />Agreements and these Restrictions [24 CFR 92.504 (c)(10)]. <br />K. Owner shall prepare, maintain and submit to the City, as appropriate, the following records <br />and reports in compliance with 24 CFR 92.504 (c) (12): <br />a. Annual Reports. Owner shall file with the City an Annual Report (herein referred <br />to as the "Annual Report") within one hundred fifty (150) days following the end of each <br />calendar year, commencing the Calendar Year following the issuance of the Certificate of <br />Completion. The Annual Report shall contain a certification by Owner as to such information as <br />the City Project Manager may then require, including, but not limited to, the following: <br />(1) The fiscal condition of the Project, including the Annual Budget and <br />Project Cash Flow report required by Section 4.G. (c) of the this Agreement which shall include <br />an audited financial statement for the previous calendar year that includes a balance sheet and a <br />profit and loss statement indicating any surplus or deficit in operating accounts; a detailed <br />itemized listing of income and expenses; and the amounts of any fiscal reserves. Such Annual <br />Budget and audited financial statement shall be prepared in accordance with generally accepted <br />accounting practices. <br />(2) Any substantial physical defects in the Project, including a description of <br />any major repair or maintenance work undertaken or needed in the previous and current years. <br />Such statement shall describe what steps Owner has taken in order to maintain the Project in a <br />safe and sanitary condition in accordance with applicable housing and building codes and the <br />property standards set forth in 24 CFR 92.251. <br />(3) The occupancy of the units indicating the income of each current resident <br />and the current rents charged each resident and whether those rents include utilities, including <br />records that demonstrate that the Project meets the requirements of the CDBG and Inclusionary <br />Housing Program. <br />(4) General management performance, including tenant relations and other <br />relevant information. <br />(5) Records that demonstrate that the units meet the affordability requirements <br />of 24 CFR 92.252, for the required period of affordability. <br />(6) Evidence of a currently paid hazard insurance policy in accordance with <br />the requirements of Section 6 of the CDBG Deed of Trust and Inclusionary Deed of Trust, with a <br />loss payable endorsement naming the City as a loss payee together with other approved lenders <br />(as their interests may appear), with a "Replacement Cost Endorsement" in amount sufficient to <br />prevent Owner or City from becoming a co-insurer under the terms of the policy, but in any <br />event in an amount not less than 100% of the then full replacement cost, to be determined at least <br />once annually and subject to reasonable approval by the Executive Director. <br />(7) Evidence of a currently paid liability insurance policy, naming the City as <br />additional insured and in a form approved by the City Attorney with coverage as described in the <br />Loan Agreements. <br />