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- Eden agrees to comply with all necessary regulations and approvals by any applicable agency with jurisdiction over the Land Donation Site regarding hazardous materials. A Phase 1 investigation and limited soil sampling analysis indicated that no further action is necessary for development of residential units. S.The property to be donated is vacant undeveloped property; except that the City, of its sole and absolute discretion, may accept property with existing improvements, so long as the donor takes all necessary steps to avoid impacts on residents of existing residential structures. The Land Donation Site will be donated to Eden with no occupants and with an existing structure. There is an exiting chapel structure on the site that is currently being used by a congregation. The congregation's lease has expired, and they currently occupy the space on a month-to-month basis. The seller of the site to Lanes will deliver the site to Lanes without occupants. Lane will in turn deliver the unoccupied site to Eden. Eden will demolish the existing structure at the start of construction of its affordable housing project. 9.1f the property to be donated has existing residential units, the developer must provide evidence of compliance with the California Relocation Assistance Act, codified California Government Code Section 7260 et seq. and implementing regulations at 25 California Code of Regulations Sections 6000 et seq., prepared a relocation plan, approved by the City prior to or concurrently with the resolution approving the acceptance of the land to be donated, the donor is solely responsible for payment of any relocation benefits to any displaced persons and any other obligations associated with complying with such relocation laws. The donor must indemnify, defend (with counsel reasonably chosen by the City), and hold harmless to the fullest extent permitted by low the City, its boards and commissions, officers, officials, employees and agents from and against any and all actual and alleged claims, losses, damages, injuries, liabilities, costs (including attorney's fees), suits or other expenses which arise out of, or which are in any way related to relocation obligations to residential tenants, homeowners, or businesses permanently or temporarily displaced from the donated property. The Land Donation Site has no existing residential units and will be donated to Eden with no occupants. No occupants are on the site other than the congregation identified in number 8 above. 10.Finoncing or a viable financing plan, shall be in place for construction of the affordable units on the property to be donated A viable financing plan is included in Attachment 8. 11 -The property to be donated is served by quality public transit, as further described in the Affordable Housing Guidelines. 12 ATTY/AGR/2024.193.1 —AFFORDABLE HOUSING LAND DONATION AGREEMENT- EXHIBIT B- AFFORDABLE HOUSING PLAN REV: 10-22-24 VR Page 12 of 48