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1./ 11%.W <br />approved by City) and hold the City and its elected and appointed officers, officials, employees, <br />agents, consultants, contractors and representatives (collectively, the "Indemnitees") harmless <br />from and against all liability, loss, cost, expense (including without limitation attorneys' fees and <br />costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, <br />deficiency, fine, order, and damage (all of the foregoing collectively "Claims") arising from the <br />breach of Owner's obligations set forth in this Section whether or not any insurance policies shall <br />have been determined to be applicable to any such Claims. Owner's indemnification obligations <br />set forth in this Section (i) shall survive the expiration or earlier termination of this Agreement, <br />and (ii) shall not extend to Claims to the extent arising from the gross negligence or willful <br />misconduct of the Indemnitees. City does not and shall not waive any rights against Owner that it <br />may have by reason of any indemnity and hold harmless provision set forth in this Agreement <br />because of the acceptance by City, or the deposit with City by Owner, of any of the insurance <br />policies described in this Agreement. <br />Reporting Requirements; Access to Information; Inspections, Annual Monitoring Fee. <br />3.1 Tenant Certification. Owner or Owner's authorized agent shall obtain from each <br />household prior to initial occupancy of each Restricted Unit, and on every anniversary thereafter, <br />a written certificate containing all of the following in such format and with such supporting <br />documentation as City may reasonably require: <br />(i) The identity of each household member; <br />(ii) The total gross household income (as determined pursuant to Section 2.2 and <br />Section 2.2.1(c) above); and <br />(iii) The age of each household member or other basis upon which each household <br />member qualifies for occupancy under California Civil Code Section 51.3 et seq. <br />Owner shall retain such certificates for not less than five (5) years, and upon City's request, shall <br />provide copies of such certificates to City and make the originals available for City inspection. <br />3.2 Annual Report; Inspections. Following completion of construction of the Project, <br />by not later than June 1 of each year during the term of this Agreement, Owner shall submit an <br />annual report ("Annual Report") to the City in form satisfactory to City, together with a <br />certification that the Project is in compliance with the requirements of this Agreement. The <br />Annual Report shall, at a minimum, include the following information for each dwelling unit in <br />the Project: (i) unit number; (ii) number of bedrooms; (iii) current rent and other charges; (iv) <br />dates of any vacancies during the previous year; (v) number of people residing in the unit; (vi) <br />total gross household income of residents; (vii) documentation of source of household income; <br />and (viii) the information required by Section 3.1. <br />Owner shall include with the Annual Report, an income recertification for each <br />household, documentation verifying tenant eligibility, and such additional information as City <br />may reasonably request from time to time in order to demonstrate compliance with this <br />Agreement. The Annual Report shall conform to the format requested by City; provided <br />however, during such time that the Project is subject to a regulatory agreement restricting <br />9 <br />OAK #4821-6084-0273 v5 <br />