RecDoc 2020-115102 Addendum to Loan Agmt

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relocation of residential and commercial 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 5.1 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 5.2 shall survive the termination of this Agreement. 6. Compliance with CDBG Requirements. Owner shall comply with all applicable laws, rules, and regulations governing the use of the CDBG Funds, including without limitation the requirements set forth in 24 C.F.R. Part 570, including without limitation, subpart K thereof, and the laws, rules, and regulations listed in Exhibit B. In the event of any conflict between this Agreement and applicable laws and regulations governing the use of the CDBG Funds, the applicable laws and regulations shall govern. 7. Compliance with HOME Requirements. Owner shall comply with all applicable laws, rules, and regulations governing the use of the HOME Funds, including without limitation the requirements set forth in 24 C.F.R. Part 92, as amended, and the laws, rules, and regulations listed in Exhibit B. In the event of any conflict between this Agreement and applicable laws and regulations governing the use of the HOME Funds, the applicable laws and regulations shall govern. 8. Reporting Requirements; Records; Inspections. 8.1 Financial Accounting and Post -Completion _Audit. Not later than 45 days following the Effective Date, Owner shall provide to City a certified financial accounting of all sources and uses of funds for Owner's acquisition of the Project unless such accounting has been previously provided pursuant to the Loan Agreement. 8.2 Tenant Certification. Owner or Owner's authorized agent shall obtain from each household prior to initial occupancy of each residential unit in the Project, and on every anniversary thereafter, a written certificate setting forth the identity of each household member and the total household Gross Income in such format and with such supporting documentation as City may reasonably require. 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. 8.3 Annual Report: Inspections. By not later than June 30 of each year during the term of this Agreement, Owner shall submit an annual report for the previous calendar year ("Annual Report") to the City in form satisfactory to City, together with a certification that the Project is in compliance with the affordability restrictions and occupancy requirements of this Agreement. The Annual Report shall, at a minimum, include the following information for each REV: 08-26-2020 PR ATTY/AGR.2020.168/HIP Housing Development Corporation (Page 7 of 31)