Reso25 16301 - Laserfiche WebLink

Browse Search

ATTY/RESO.0034/CC RESO APPROVING PROJECT (901 EL CAMINO REAL) REV: 04-22-25 VR Page 9 of 17 subject to month-to-month leases. Under the Affordable Housing Plan, the Affordable Site will be transferred to the Affordable Housing Partner occupied. The City accepts the donation of the Affordable Site occupied with existing improvements, as the Affordable Housing Partner has prepared a Relocation Plan that complies 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. If, and to the extent relocation benefits are due and the Affordable Site has been transferred to the Affordable Housing Partner, then, under the Land Donation Agreement, the Affordable Housing Partner is responsible for implementing the Relocation Plan, payment of any relocation benefits to any displaced persons and any other obligations associated with complying with such relocation laws, and demolishing all existing improvements. The Land Donation Agreement also provides that upon transfer of the Affordable Site to the Affordable Housing Partner, Applicant shall establish a Relocation Costs Escrow Account to cover the relocation costs and relocation consultant costs incurred in implementing the Relocation Plan. The Affordable Housing Partner (or City, if the City exercises its right under the Land Donation Plan and accepts the Affordable Housing Partner’s irrevocable offer to dedicate) shall have the right to draw on the Relocation Costs Escrow Account to pay any relocation costs. ix. In the alternative, if, and to the extent relocation benefits are due and the Affordable Site has not been transferred to the Affordable Housing Partner by the Applicant, before the City may accept transfer of ownership of the Affordable Site pursuant to Section 2.2(A)(1) of the Development Agreement, the Applicant is responsible for implementing the Relocation Plan, payment of any relocation benefits to any displaced persons, and any other obligations associated with complying with such relocation laws, and demolishing all existing improvements; in other words, the Applicant shall transfer the Affordable Site to the City unoccupied and vacant. x. Pursuant to the Land Donation Agreement, the Applicant and/or Affordable Housing Partner has agreed to indemnify, defend (with counsel reasonably chosen by the City), and hold harmless to the fullest extent permitted by law 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 Affordable Site. xi. The Applicant and Affordable Housing Partner, as part of the Affordable Housing Plan, have submitted to the City evidence that a viable financing plan is in place evidencing the financial feasibility for the construction of the affordable units on the Affordable Site.