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Eden agrees to comply with all necessary regulations and approvals by any applicable agency <br />with jurisdiction over the Land Donation Site regarding hazardous materials. A Phase 1 <br />investigation and limited soil sampling analysis indicated that no further action is necessary for <br />development of residential units. <br />S.The property to be donated is vacant undeveloped property, except that the City, at its sole and <br />absolute discretion, may accept property with existing improvements, so long as the donor takes all <br />necessary steps to avoid impacts on residents of existing residential structures. <br />The Land Donation Site will be donated to Eden with no occupants and with an existing <br />structure. There is an existing chapel structure on the site that is currently being used by a <br />congregation. The congregation's lease has expired, and they currently occupy the space on a <br />month-to-month basis. The seller of the site to Lanes will deliver the site to Lanes without <br />occupants. Lane will in turn deliver the unoccupied site to Eden. Eden will demolish the existing <br />structure at the start of construction of its affordable housing project. <br />9.If the property to be donated has existing residential units, the developer must provide evidence of <br />compliance with the California Relocation Assistance Act, codified California Government Code Section <br />7260 et seq. and implementing regulations at 25 California Code of Regulations Sections 6000 et seq., <br />prepared a relocation plan, approved by the City prior to or concurrently with the resolution approving <br />the acceptance of the land to be donated, the donor is solely responsible for payment of any relocation <br />benefits to any displaced persons and any other obligations associated with complying with such <br />relocation lows. The donor must indemnify, defend (with counsel reasonably chosen by the City), and <br />hold harmless to the fullest extent permitted by law the City, its boards and commissions, officers, <br />officials, employees and agents from and against any and all actual and alleged claims, losses, damages, <br />injuries, liabilities, costs (including attorney's fees), suits or other expenses which arise out of, or which <br />are in any way related to relocation obligations to residential tenants, homeowners, or businesses <br />permanently or temporarily displaced from the donated property. <br />The Land Donation Site has no existing residential units and will be donated to Eden with no <br />occupants. No occupants are on the site other than the congregation identified in number 8 <br />a bove. <br />10. Financing or a viable financing plan, shall be in place for construction of the affordable units on the <br />property to be donated <br />A viable financing plan is included in Attachment 8. <br />11.The property to be donated is served by quality public transit, as further described in the Affordable <br />Housing Guidelines. <br />12 <br />ATTY/AGR/2024.193.1—AFFORDABLE HOUSING LAND DONATION AGREEMENT- EXHIBIT B- AFFORDABLE HOUSING PLAN <br />REV: 10-22-24 VR Page 12 of 49 <br />