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ATTY/RESO.0052/ CC RESO APPROVING SUBSTITUTE SITE AS AFFORDABLE HOUSING SITE (705 VETERANS)(1900 BROADWAY DA) REV: 07-21-26 MI Page 8 of 11 conditions that constitute material constraints on development of affordable housing at the Substitute Site. viii. The Substitute Site to be donated is currently improved with a six (6)-unit commercial property that includes medical offices, offices and retail uses, with lease agreements that expire as late as July 2029. Accordingly, it appears that the Substitute Site will not be transferred to the Affordable Housing Partner unoccupied. Pursuant to Section 29.8(H)(8), the City, in its sole and absolute discretion, approves the Substitute Site with existing improvements, so long as the Affordable Housing Partner takes all necessary steps to avoid impacts on residents of existing residential structures. The Developer and Affordable Housing Partner have agreed, as applicable, to comply with the California Relocation Assistance Act, codified California Government Code Section 7260 et seq. and to implement regulations at 25 California Code of Regulations Sections 6000 et seq. If and to the extent relocation benefits are due, the Developer is solely responsible for payment of any relocation benefits to any displaced persons and any other obligations associated with complying with such relocation laws. In addition, should the City exercise its right of reverter and accepts the irrevocable offer to dedicate the Substitute Site to the City, the Affordable Housing Partner shall deliver the Substitute Site vacant at the City’s request. ix. The Developer has agreed to indemnify, defend (with counsel reasonably chosen by the City), and hold harmless to the fullest extent permitted by law the Affordable Housing Partner and 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. x. The Developer and Affordable Housing Partner, as part of the Amended and Restated 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 Substitute Site. xi. Under the Amendment and Restated Affordable Housing Plan, Developer provided evidence that the Substitute Site is served by quality public transit, as further described in the Guidelines.