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03
City of Pleasanton
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2/25/2016 4:13:47 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
3/1/2016
DESTRUCT DATE
15Y
DOCUMENT NO
03
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• <br /> Project Cost Audit concurrently with Developer's provision of such audits to other regulatory or <br /> financing agencies. <br /> ARTICLE VI <br /> USE OF THE PROPERTY <br /> 6.1 Affordable Housing. Developer covenants and agrees for itself, its successors <br /> and assigns that the Property and the Improvements will be subject to recorded covenants that <br /> will restrict use of the Property to development of an affordable multi-family senior housing <br /> project that will be rented to Eligible Households at Affordable Rents in accordance with the <br /> terms set forth in the Ground Lease and the Regulatory Agreement. <br /> 6.2 Preference for City of Pleasanton Residents and Employees. Developer shall <br /> comply with the provisions of Section 9.9 of the Ground Lease pertaining to preferences in the <br /> rental of residential units in the Project for Eligible Households who live or work in the City of <br /> Pleasanton. <br /> 6.3 Relocation. Persons residing on the Property shall not be displaced before <br /> suitable replacement housing is available. Developer shall ensure that all occupants of the <br /> Property receive all notices, benefits and assistance to which they are entitled in accordance with <br /> California Relocation Assistance Law(Government Code Section 7260 et seq.), all state and <br /> local regulations implementing such law, and all other applicable local, state and federal laws, <br /> regulations, and policies, including but not limited to the Uniform Relocation Act(42 U.S.C. <br /> § 4601 et seq.) and implementing regulations (collectively"Relocation Laws")relating to the <br /> displacement and relocation of eligible persons as defined in such Relocation Laws. All costs <br /> incurred in connection with the temporary and/or permanent displacement and/or relocation of <br /> occupants of the Property, including without limitation payments to a relocation consultant, <br /> moving expenses, and payments for temporary and permanent relocation benefits pursuant to <br /> Relocation Laws shall be paid by Developer, and City shall have no responsibility for payment <br /> therefor. Developer shall be liable for any and all claims for applicable relocation benefits <br /> sought by any current, former or future tenant of the Property or the improvements existing or to <br /> be constructed on the Property pursuant to the Ground Lease. To the greatest extent allowed by <br /> law, Developer shall indemnify, defend(with counsel approved by City) and hold the <br /> Indemnitees harmless from and against all Claims arising in connection with the breach of <br /> Developer's obligations set forth in this Section whether or not any insurance policies shall have <br /> been determined to be applicable to any such Claims. Developer's indemnification obligations <br /> under this Section 6.3 shall not extend to Claims to the extent resulting from the gross negligence <br /> or willful misconduct of Indemnitees and are subject to the additional terms set forth in Section <br /> 11.2 below. The provisions of this Section 6.3 shall survive the expiration or earlier termination <br /> of this Agreement. <br /> 6.4 Maintenance. Developer shall at its own expense,maintain the Property and the <br /> Improvements, including the landscaping and common areas in good physical condition, in good <br /> repair, and in decent, safe, sanitary,habitable and tenantable living conditions in conformity with <br /> all Applicable Laws. Without limiting the foregoing, Developer agrees to maintain the Property <br /> and the Improvements (including without limitation, landscaping, driveways, parking areas, and <br /> OAK#4822-6539-6013 v3 19 <br />
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