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secured any and all permits that may be required for development of the Project by City or any
<br /> other federal, state, or local governmental entity having or claiming jurisdiction over the Property
<br /> or Project. Upon securing any and all permits, and all necessary financing and property interests,
<br /> Developer shall carry out and perform the development,operation,and maintenance of the Project
<br /> or cause the performance of the development, operation, and maintenance of the Project, in
<br /> conformity with all applicable federal, state, and local laws and regulations, and all conditions of
<br /> approval issued by the City Council and City's Planning Commission for the Project. Any changes
<br /> to the Project shall be reviewed by the City to determine compliance with this Agreement. If any
<br /> changes to the Project shall materially alter the ability of Developer to comply with any terms of
<br /> this Agreement in City's sole determination, then City and Developer shall meet and confer to
<br /> address amendments and revisions to this Agreement as necessary.
<br /> 2.9 Relocation Prior to Development of Project. If relocation is required prior to the
<br /> completion of development of the Project, Developer shall have the sole and exclusive
<br /> responsibility for providing relocation assistance and paying all relocation costs as may be required
<br /> to comply with applicable federal and state laws and regulations.In addition to any other indemnity
<br /> provided by Developer under this Agreement,Developer shall indemnify, defend(with counsel of
<br /> City's choosing and the consent of Developer, which shall not be unreasonably withheld, and
<br /> which may be joint defense counsel upon City's and Developer's consent), and hold harmless City
<br /> and all of its officials, officers, employees,representatives,volunteers and agents from any and all
<br /> alleged or actual claims, causes of action, liabilities, and damages from any third party for
<br /> relocation assistance,benefits and costs prior to the completion of the development of the Project.
<br /> 2.10 Mechanic's Liens; Indemnification. Developer shall take all actions reasonably
<br /> necessary to remove any future mechanic's liens or other similar liens (including design
<br /> professional liens) against the Property or Project, or any part thereof, by reason of work, labor,
<br /> services, or materials supplied or claimed to have been supplied to Developer or caused by, at the
<br /> direction of, or on behalf of Developer. Prior to the recording of this Agreement(or memorandum
<br /> thereof)pursuant to Section 4.1 below, Developer shall provide evidence from the Title Company
<br /> of any new recordings against the Property or Project. City hereby reserves all rights to post notices
<br /> of non-responsibility and any other notices as may be appropriate upon a filing of a mechanic's
<br /> lien. In addition to any other indemnity provided by Developer under this Agreement, Developer
<br /> shall indemnify,defend(with counsel of City's choosing and the consent of Developer,which shall
<br /> not be unreasonably withheld, conditioned or delayed and which may be joint defense counsel
<br /> upon City's and Developer's consent), and hold harmless City and all of its officials, officers,
<br /> employees,representatives,volunteers and agents from any and all alleged or actual claims,causes
<br /> of action, liabilities, and damages from any third party by reason of a mechanic's lien or work,
<br /> labor, services, or materials supplied or claimed to have been supplied to Developer or caused by,
<br /> at the direction of, or on behalf of Developer.
<br /> 3. AFFORDABILITY
<br /> 3.1 Affordability Term. Each Affordable Unit shall be restricted to use and
<br /> occupancy by Eligible Households for a term of not less than fifty-five(55) years ("Affordability
<br /> Term"). The Affordability Term shall commence on the date when an Affordable Unit receives all
<br /> required occupancy permits from the City and expire on the date that is fifty-five (55) years after
<br /> the date when the Affordable Unit is first made available for occupancy to Eligible Households
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<br /> 2130 East Fourth Street Density Bonus Agreement
<br /> 55394.00101\43 846773.1
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