RES 16831 - Laserfiche WebLink

Project Cost Audit concurrently with Developer's provision of such audits to other regulatory or financing agencies. ARTICLE VI USE OF THE PROPERTY 6.1 Affordable Housing. Developer covenants and agrees for itself, its successors and assigns that the Property and the Improvements will be subject to recorded covenants that will restrict use of the Property to development of an affordable multi-family senior housing project that will be rented to Eligible Households at Affordable Rents in accordance with the terms set forth in the Ground Lease and the Regulatory Agreement. 6.2 Preference for City of Pleasanton Residents and Employees. Developer shall comply with the provisions of Section 9.9 of the Ground Lease pertaining to preferences in the rental of residential units in the Project for Eligible Households who live or work in the City of Pleasanton. 6.3 Relocation. Persons residing on the Property shall not be displaced before suitable replacement housing is available. Developer shall ensure that all occupants of the Property receive all notices, benefits and assistance to which they are entitled in accordance with California Relocation Assistance Law(Government Code Section 7260 et seq.), all state and local regulations implementing such law, and all other applicable local, state and federal laws, regulations, and policies, including but not limited to the Uniform Relocation Act(42 U.S.C. § 4601 et seq.)and implementing regulations (collectively "Relocation Laws") relating to the displacement and relocation of eligible persons as defined in such Relocation Laws. All costs incurred in connection with the temporary and/or permanent displacement and/or relocation of occupants of the Property, including without limitation payments to a relocation consultant, moving expenses, and payments for temporary and permanent relocation benefits pursuant to Relocation Laws shall be paid by Developer, and City shall have no responsibility for payment therefor. Developer shall be liable for any and all claims for applicable relocation benefits sought by any current, former or future tenant of the Property or the improvements existing or to be constructed on the Property pursuant to the Ground Lease. To the greatest extent allowed by law, Developer shall indemnify, defend(with counsel approved by City) and hold the Indemnitees harmless from and against all Claims arising in connection with the breach of Developer's obligations set forth in this Section whether or not any insurance policies shall have been determined to be applicable to any such Claims. Developer's indemnification obligations under this Section 6.3 shall not extend to Claims to the extent resulting from the gross negligence or willful misconduct of Indemnitees and are subject to the additional terms set forth in Section 11.2 below. The provisions of this Section 6.3 shall survive the expiration or earlier termination of this Agreement. 6.4 Maintenance. Developer shall at its own expense, maintain the Property and the Improvements, including the landscaping and common areas in good physical condition, in good repair, and in decent, safe, sanitary, habitable and tenantable living conditions in conformity with all Applicable Laws. Without limiting the foregoing, Developer agrees to maintain the Property and the Improvements (including without limitation, landscaping, driveways, parking areas, and OAK M822-6539-6013 v3 19