Affordable Housing Regulatory Agreement

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2.6.1 Compliance with Laws. Owner shall comply with all applicable provisions of Redwood City Municipal Code Chapter 42 ("City Relocation Assistance Ordinance"). Owner 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 relating to the displacement and relocation of eligible persons as defined in such Relocation Laws, including but not limited to the City Relocation Assistance Ordinance, the Uniform Relocation Act (42 U.S.C. § 4601 et seq.) and Section 104(d) of the Housing and Community Development Act and implementing regulations, including without limitation, 24 CFR Part 42 (all of the foregoing, collectively "Relocation Laws"). 2.6.2 Costs, Indemnity. All costs and expenses relating to the temporary and/or permanent displacement and/or relocation of occupants of the Property as required by Relocation Laws, including, without limitation, payments to a relocation consultant, moving expenses, and payments for temporary and permanent relocation benefits pursuant to Relocation Laws, shall be payable by Owner, and City shall have no responsibility for payment therefor. To the greatest extent allowed by law, Owner shall indemnify, defend (with counsel approved by City), and hold the Indemnitees harmless from and against any and all Claims arising from or in connection with the breach of Owner's obligations set forth in Section 2.6.1 whether or not any insurance policies shall have been determined to be applicable to any such Claims. Owner's indemnification obligations set forth in this Section shall not apply to Claims to the extent resulting from the gross negligence or willful misconduct of Indemnitees. The provisions of this Section 2.6.2 shall survive the expiration or earlier termination of this Agreement. 3. IRgporting Re uirements• Records; Inspections. 3.1 Tenant Certification. Owner or Owner's authorized agent shall obtain from each household prior to initial occupancy of a residential unit in the Project, and on every anniversary thereafter, a written certificate containing all of the following in such format and with such supporting documentation as City may reasonably require: (i) The identity of each household member; (ii) The total household Gross Income; and (iii) The basis upon which each household qualifies as an Eligible Household. Owner shall retain such certificates for not less than five (5) years, and upon City's request, shall provide copies of such certificates to City and make the originals available for City inspection. 3.3 Monitoring Fee. Owner shall be obligated to pay to City an annual fee (the "Affordable Housing Monitoring Fee") in the amount of $162 per unit for each residential unit in the Project that is subject to the affordability restrictions set forth in this Agreement. The Affordable Housing Monitoring Fee is payable annually on the same date that the Annual Report is submitted pursuant to Section 3.4 below. If the City determines, in the exercise of its REV: 02-25-2020 PR ATTY/AGR.2020.039/Premia 1180 Main Owner, LLC (Page 20 of 42)