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ATTY/RESO.0024/PC RESO 901 EL CAMINO <br />REV: 04-11-25 VR <br />Page 11 of 20 <br />that to their knowledge, after reasonable investigation, there are no other <br />conditions that constitute material constraints on development of affordable <br />housing on the Affordable Site. <br /> <br />viii. The Affordable Site to be donated is currently improved with two residential <br />units (1 single-family home at 122 Buckeye and 1 caretaker’s residential <br />unit at the storage facility at 920 Shasta) and a 135-unit self-storage facility <br />subject to month-to-month leases. Under the Affordable Housing Plan, the <br />Affordable Site will be transferred to the Affordable Housing Partner <br />occupied. The City accepts the donation of the Affordable Site occupied <br />with existing improvements, as the Affordable Housing Partner has <br />prepared a Relocation Plan that complies with the California Relocation <br />Assistance Act, codified California Government Code Section 7260 et seq. <br />and implementing regulations at 25 California Code of Regulations Sections <br />6000 et seq. If, and to the extent relocation benefits are due and the <br />Affordable Site has been transferred to the Affordable Housing Partner, <br />then, under the Land Donation Agreement, the Affordable Housing Partner <br />is responsible for implementing the Relocation Plan, payment of any <br />relocation benefits to any displaced persons and any other obligations <br />associated with complying with such relocation laws, and demolishing all <br />existing improvements. The Land Donation Agreement also provides that <br />upon transfer of the Affordable Site to the Affordable Housing Partner, <br />Applicant shall establish a Relocation Costs Escrow Account to cover the <br />relocation costs and relocation consultant costs incurred in implementing <br />the Relocation Plan. The Affordable Housing Partner (or City, if the City <br />exercises its right under the Land Donation Plan and accepts the Affordable <br />Housing Partner’s irrevocable offer to dedicate) shall have the right to draw <br />on the Relocation Costs Escrow Account to pay any relocation costs. <br /> <br />ix. In the alternative, if, and to the extent relocation benefits are due and the <br />Affordable Site has not been transferred to the Affordable Housing Partner <br />by the Applicant, before the City may accept transfer of ownership of the <br />Affordable Site pursuant to Section 2.2(A)(1) of the Development <br />Agreement, the Applicant is responsible for implementing the Relocation <br />Plan, payment of any relocation benefits to any displaced persons, and any <br />other obligations associated with complying with such relocation laws, and <br />demolishing all existing improvements; in other words, the Applicant shall <br />transfer the Affordable Site to the City unoccupied and vacant. <br /> <br />x. Pursuant to the Land Donation Agreement, the Applicant and/or Affordable <br />Housing Partner has agreed to indemnify, defend (with counsel reasonably <br />chosen by the City), and hold harmless to the fullest extent permitted by law <br />the City, its boards and commissions, officers, officials, employees and <br />agents from and against any and all actual and alleged claims, losses, <br />damages, injuries, liabilities, costs (including attorney's fees), suits or other <br />expenses which arise out of, or which are in any way related to relocation