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29 <br />Westview House <br />City HOME Loan Agreement <br />temporary or permanent relocation of existing residential or commercial tenants it will hire <br />a Relocation Consultant to provide relocation services, pursuant to the Uniform Relocation <br />Act and Real Property Acquisition Policies Act of 1970 (“URA”) and 24 CFR 92.253. <br />(b) If a Relocation Consultant is required to be retained pursuant to <br />Section 11.12(a), the City, Developer, and Relocation Consultant will meet periodically <br />during the relocation to provide updates and review tenant files, including at Project <br />approval and prior to final benefit calculations. The Developer and Relocation Consultant <br />shall carry out activity in compliance with URA and the City’s Acquisition and Relocation <br />Policy and Procedures Manual (“Manual”). <br />(c) If a Relocation Consultant is required to be retained pursuant to <br />Section 11.12(a), the Developer and Relocation Consultant shall maintain accurate records <br />and files pertaining to the temporary and permanent relocation of tenants, in accordance <br />with URA and the City’s Manual. <br />(d) If a Relocation Consultant is required to be retained pursuant to <br />Section 11.12(a), the Developer and Relocation Consultant shall provide all relocation and <br />tenant files to the City once relocation is complete at the Project. <br />(e) Developer Responsible for Administration of Relocation. <br />Developer acknowledges that former tenants and occupants of the Property may be eligible <br />for advisory assistance, monetary payments, and other benefits under the Relocation Laws. <br />Developer shall be fully responsible for administering determinations of eligibility, the <br />extent of advisory assistance, and the scope and amount of benefits and monetary payments <br />pursuant to the applicable Relocation Laws, subject to the right, but not obligation, to <br />oversee Relocation by the City. Developer shall cause to be provided and shall pay <br />Relocation assistance and benefits, if any, in accordance with and to the extent required by <br />applicable Relocation Laws to each eligible tenant/occupant that is required to vacate the <br />Property as a result of implementation of the Project. The City’s rights are limited to <br />determining compliance with Relocation Laws. Developer is and shall remain solely <br />responsible to pay all out-of-pocket costs for direct payments, if any, to eligible person(s), <br />household(s) and business(es) for Relocation assistance and benefits due and paid and for <br />any other costs incurred related to Relocation, including a Relocation consultant, and any <br />and all costs or fees incurred therefor. <br />(f) Indemnification by Developer Relating to Relocation. Developer <br />hereby covenants and agrees to indemnify, save, protect, hold harmless, pay for, and defend <br />the Indemnitees from and against any and all liabilities, suits, actions, claims, demands, <br />penalties, damages (including without limitation penalties, fines, and monetary sanctions), <br />losses, costs, or expenses, including without limitation consultants’ and attorneys’ fees, or <br />relocation benefits claimed or payable under the Relocation Laws (for purposes of this <br />Section 11.12, the foregoing shall be referred to as “Liabilities”) which may now or in the <br />future be incurred or suffered by Indemnitees by reason of, or resulting, in full or in part, <br />or in any respect whatsoever from the Relocation of residents of the current site pursuant <br />to or resulting from the implementation of this Agreement, except to the extent arising out <br />of the gross negligence or willful misconduct of any of the Indemnitees or a breach by the <br />EXHIBIT 3