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(m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government
<br />Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the Property,
<br />nor shall Owner or any Person claiming under or through it establish or permit any such practice
<br />or practices of discrimination or segregation with reference to the selection, location, number, use,
<br />or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the Property.
<br />Notwithstanding the immediately preceding sentence, with respect to familial status, this Section
<br />2.10.8 shall not be construed to apply to housing for older persons, as defined in Section 12955.9
<br />of the Government Code. With respect to familial status, nothing in this Section 2.10.8 shall be
<br />construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to
<br />housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code. All
<br />deeds, leases or contracts made or entered into by the Owner as to Affordable Units or the Property
<br />shall contain covenants prohibiting discrimination, as set forth in Health and Safety Code Section
<br />33436(b).
<br />2.11 Property Records Retention; Audit and Examination Rights.
<br />2.11.1 Retention of Property Records. The Owner shall prepare and maintain
<br />and shall cause its Affiliates to prepare and maintain complete and accurate Property Records for
<br />all periods during the Term. The Owner shall, at all times during the Term and for a period of six
<br />(6) years following the end of the Term, maintain and cause to be maintained by its Affiliates, safe
<br />and intact, all of the Property Records for a period of not less than six (6) years from the generation
<br />of such Property Records. From time to time, upon request from the City, the Owner shall make
<br />all Property Records, whether in the custody or control of the Owner or its Affiliates, available to
<br />the City, the City's auditor, representative or agent for examination and copying at any reasonable
<br />time, on fifteen (15) calendar days advance Notice. The Owner shall also provide the City any
<br />additional information concerning the Affordable Units, the Development or the Property
<br />reasonably requested by the City.
<br />2.11.2 Audit Procedures.
<br />(a) The City may cause an audit of any and all Property Records by an
<br />independent auditor of the City's selection. The City shall preserve the confidentiality of
<br />information contained in the Property Records, to the extent permitted by Law, as determined by
<br />the City's general counsel.
<br />(b) If the Owner fails to provide any Annual Report to the City, as and
<br />when required under Section 2.8.6, and such failure is not cured within the time periods described
<br />in Section 1.1.23(d) of this Regulatory Agreement, the Owner shall be in Default under this
<br />Regulatory Agreement. Notwithstanding any other provision of this Regulatory Agreement, if the
<br />Owner fails to deliver any Annual Report to the City, within thirty (30) calendar days after Notice
<br />specifying such Default, the City shall have the right, in addition to any other rights or remedies
<br />the City may have under this Regulatory Agreement regarding such Default, to conduct an audit
<br />of any and all applicable Property Records to attempt to identify the information that should have
<br />been provided by the Owner in such Annual Report. The Owner shall reimburse the City for the
<br />reasonable cost of any audit conducted pursuant to this Section 2.11.2(b), on Notice of such cost
<br />from the City. The Owner shall pay Default Interest to the City on the amount of any audit cost
<br />becoming due to the City from the Owner pursuant to this Section 2.11.2(b), that is not paid within
<br />REV: 05-20-25 LF
<br />ATTY/AGR.2025.100.3/HEART-SV (417 Stambaugh - Regulatory Agreement) (Page 16 of 35)
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