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times be maintained in reasonable condition for proper audit and <br />shall be subject to examination, inspection and copying at any <br />reasonable time by the Agency or by its authorized representative. <br />(b) Books and Records. The books and records of the <br />Development shall be kept by the Borrower or the City, as <br />applicable, in accordance with the requirements of the Agency. <br />(c) Financial Report. Within sixty (60) days following <br />the end of each fiscal year of the Development, the Agency shall <br />be furnished with a complete annual financial report on the <br />Development based upon an examination of the books and records of <br />the Development, prepared in accordance with the requirements of <br />the Agency, certified by the Borrower, or the City as applicable, <br />and when required by the Agency, certified at the Borrower's or <br />the City's, as applicable, expense by an independent certified <br />public accountant licensed in California, or other accountant <br />acceptable to the Agency. Each such financial report shall be <br />subject to modification by, and the approval of, the Agency, and <br />when approved by the Agency shall be a "Development Financial <br />Report" as referred to herein. <br />(d) Furnishing Information. At the request of the <br />Agency, the Borrower or the City, as applicable, shall furnish <br />such reports, financial statements, projections and analyses as <br />may be required from time to time by the Agency and shall give <br />specific answers to questions upon which information is desired <br />relative to the income, expenses, assets, liabilities, contracts, <br />operations and conditions of the Borrower or the City, as <br />applicable, and the Development. Borrower or the City, as <br />applicable, understands and agrees that the content of such <br />reports, statements, projections, analyses and other information <br />may be disclosed in any documentation prepared in connection with <br />the issuance by the Agency of its bonds. <br />(e) Development Account. The Borrower or the City, as <br />applicable, shall establish an account (the "Development Account ") <br />into which all rents, charges, fees and any other income of the <br />Development shall be deposited when received. The Borrower or the <br />City, as applicable, or any person receiving funds of the <br />Development other than as permitted by this Agreement shall <br />immediately deposit such funds in the Development Account and if <br />failing to do so shall hold such funds in trust for the <br />Development. The Borrower or the City, as applicable, or any <br />person receiving any property of the Development in violation of <br />this Agreement shall immediately deliver such property to the <br />Agency, and if failing to do so shall hold such property in trust <br />for the Development. Rents, charges, fees and any other income of <br />the Development as used herein shall also include, without <br />limitation, such income derived from the commercial facilities of <br />the Development, if any. <br />CHFA 53SLP.RIDGE.VIEW <br />12/14/89 <br />Q02189 <br />