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ATTY/RESO.0020/CC RESO APPROVING AMENDMENTS TO HPP GUIDELINES – EXHIBIT B REV: 05-04-26 LF Page 19 of 86 404. Relocation. Borrower shall have the sole and exclusive responsibility for providing relocation assistance and paying all relocation costs if required to comply with all applicable federal and state laws, rules, and regulations, including but not limited to the California Relocation Assistance Law, Government Code Section 7260, et seq., and the implementing regulations thereto codified in California Code of Regulations, Title 25, Chapter 6, Section 6000, et seq. (collectively, the “Relocation Laws”). Any relocation shall be performed in accordance with a relocation plan approved by the City. Borrower shall indemnify, defend, and hold harmless the City from and against any alleged or actual claims, liabilities, damages, remedies, causes of action, demands, losses, and other liabilities made against them related to (1) the acquisition or the use of the Property by Borrower; (2) compliance with the Relocation Laws; (3) displacement or benefits owned to tenants on the Property including without limitation claims for relocation assistance and inverse condemnation; and (4) any other compensation of whatever kind or nature arising from current or prior occupancy or use of the Property, and/or any move, displacement, relocation therefrom. 405. Replacement Reserve Account. Borrower shall make annual deposits to a replacement reserve account in an amount equal to Five Hundred Dollars ($500) per unit, increasing by the applicable Consumer Price Index (CPI) for the San Francisco-Oakland-Hayward area every five (5) years based on the 12-month CPI available in the month this Agreement was executed [or such greater amount required in connection with the [Add Ownership Documents, as applicable, e.g., Partnership Agreement] or any permanent financing], and approved by the City. The annual deposits into the replacement reserve account shall be funded out of Gross Revenues from the Development, prior to use of any cash flow to pay deferred developer Fee, partnership management or similar fees. 406. Operating Reserve Account. Borrower shall establish an operating reserve account or sub-account within the Development’s general operating account concurrently with Close of Escrow. Developer shall fund the operating reserve account with an initial deposit in an amount as specified in the Project Budget, and shall maintain an amount in the operating reserve account equal to a minimum of three months’ expenses for the Development, including but not limited to required monthly debt service payments, monitoring fees and required deposits into the replacement reserve account. Borrower shall fully replace any withdrawals from the operating reserve account using out of Gross Revenues from the Development, prior to use of any cash flow to pay deferred developer fee, partnership management or similar fees. 407. City Monitoring Fee. Borrower shall pay to City an annual Monitoring Fee in an amount established in the City’s regularly adopted fee schedule, as it may be adjusted from time to time, to fund City costs of monitoring the Development and fulfilling City’s responsibilities pursuant to the Loan Documents. The City Monitoring Fee shall be funded out of Gross Revenues from the Development, prior to use of any cash flow to pay deferred developer fee, partnership management or similar fees. 408. Notices to City. Borrower shall promptly notify City in writing of: a. Any litigation affecting Borrower, where the amount claimed is One Hundred Thousand Dollars ($100,000.00) or more;