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allocation of moderate units by 22 units and to an increase to the City's RHNA
<br />share allocation of moderate units by 22 units of the County's original RHNA
<br />allocation. Accordingly, upon SCAG's approval, the City's share of its RHNA
<br />allocation of moderate units will increase by 22 units of the County's original
<br />allocation and the County's RHNA allocation of moderate will decrease by 22
<br />units of the County's original allocation. For purposes of this paragraph,
<br />"moderate units" shall mean units where the household income for eligibility to
<br />live in the unit does not exceed 120% of the local area median income (AMI) as
<br />established by state and federal law.
<br />c. The Parties agree that the land and financial commitments found in the Recitals to
<br />assist in the success of the Project is full and adequate consideration for the
<br />RHNA allocation transfers contemplated in this Section 2.
<br />3. RHNA Methodologies; Parties Obligations. SCAG may determine the City and
<br />County's RHNA for the 2021-2029 Planning Period and subsequent revisions of the housing
<br />element in one of two ways. SCAG may make the determination based on its methodology
<br />adopted under Government Code Section 65584.04. Upon SCAG's adoption of a final RHNA,
<br />the County and City shall jointly apply to SCAG to reduce the County's RHNA allocation as
<br />described in Section 2., above, and to increase the City's RHNA allocation as described in
<br />Section 2., above.
<br />4. Cooperation. The City and County shall take all steps reasonably necessary to
<br />comply with the Government Code section 65584.07 to implement this MOU, including but not
<br />limited to, providing the appropriate documentation to SCAG or any other agency, as required.
<br />The parties agree to work together to obtain SCAG and any other approval where required to
<br />effectuate this MOU. City further agrees that it will utilize the revised RHNA allocation that
<br />includes the transfer of RHNA shares contemplated by this MOU in preparing the City s 2021-
<br />2029 Planning Period and subsequent housing element revisions, as applicable.
<br />5. Indemnification. City shall, to the extent permitted by law, indemnify, defend, and hold
<br />harmless the County and it officers, agents, and employees, from and against any claim, action,
<br />suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or
<br />expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based
<br />upon the negligence or wrongful act or omission of City or its City Council, boards and
<br />commissions, officers, agents, volunteers, or employees, in approving this MOU.
<br />County shall, to the extent permitted by law, indemnify, defend, and hold harmless the City and
<br />its officers, agents, and employees, from and against any claim, action, suit, proceeding, loss,
<br />cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without
<br />limitation, attorney's fees), resulting from, arising out of, or based upon the negligence or
<br />wrongful act or omission of County or its Board of Supervisors, committees and commissions,
<br />officers, agents, volunteers, employees, in approving this MOU.
<br />6. Time. Time is of the essence in this MOU.
<br />Crossroads at Washington
<br />RHNA Allocation Transfer Agreement
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