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31.COMPLIANCE WITH PART 92. Owner shall comply with all of the provisions of HUD <br /> regulations identified in 24 CFR Part 92, as now written or subsequently amended. <br /> 32.ANNUAL TENANT SURVEY. Owner shall conduct, and submit to City, an annual tenant <br /> survey, in a manner prescribed by City, describing the socioeconomic characteristics of <br /> the tenants,and the monthly rent and utility charged for each unit. <br /> 33.OPEN RECORDS. Owner shall make their books and records available for inspection by <br /> an authorized representative of City. Owner's obligation is further described in 24 CFR <br /> 92.504 C. <br /> 34.RECAPTURE. Owner is advised that all amounts recaptured as a result of the property <br /> being sold or transferred prior to the conclusion of the affordability period shall be used <br /> by City only for other HOME eligible projects and shall not be used by City for planning <br /> or administrative costs. <br /> 35.COMPLIANCE WITH HUD PROGRAM. Owner shall comply with all Federal laws and <br /> regulations regarding the HOME Investment Partnership Program, and with all policies <br /> and procedures established by the City necessary to administer and monitor the <br /> program. <br /> 36.AFFORDABILITY PERIOD REQUIRED. To the greatest extent permissible under law, the <br /> affordability period restrictions included in this Agreement shall remain in full force <br /> and effect until released by City at the end of the twenty-year affordability period. In the <br /> event the property shall be foreclosed upon, or transferred in lieu of foreclosure, prior <br /> to the end of the affordability period,the entire amount of the loan shall be immediately <br /> due and payable. <br /> 37.CITY TERMINATION. City may terminate this Agreement for any of the following <br /> reasons effective immediately without advance notice: <br /> a) Owner has furnished any statement, representation or certification in <br /> connection with this Agreement,which is materially false,deceptive, <br /> incorrect,or incomplete; or <br /> b) City determines that the actions or failure to act,by Owner,their agents, <br /> employees,contractors,or subcontractors have caused, or reasonably <br /> could cause jeopardy to health or safety. <br /> 38.DEFAULT. The occurrence of any one or more of the following events shall constitute <br /> cause for the City to declare Owner in default of their obligations under this Agreement: <br /> a) Owner fails to perform,to City's satisfaction, any material requirement of <br /> this Agreement, or are in violation of a material provision of this <br /> Agreement; <br /> 9 <br />