ILLUMINATION FOUNDATION (41) - Laserfiche WebLink

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2.5 Relocation Prior to Commencement of Project. If relocation is required prior to the completion of rehabilitation of the Project, Owner shall have the sole and exclusive responsibility for providing relocation assistance and paying all relocation costs as may be required to comply with applicable federal and state laws and regulations. In addition to any other indemnity provided by Owner under this Agreement, Owner shall indemnify, defend (with counsel of City's choosing and the consent of Owner, which shall not be unreasonably withheld, and which may be joint defense counsel upon City's and Owner's consent), and hold harmless City and all of its officials, officers, employees, representatives, volunteers and agents from any and all alleged or actual claims, causes of action, liabilities, and damages from any third party for relocation assistance, benefits and costs prior to the completion of the Project. 2.6 Mechanic's Liens: Indemnification. Owner shall take all actions reasonably necessary to remove any future mechanic's liens or other similar liens (including design professional liens) against the Property or Project, or any part thereof, by reason of work, labor, services, or materials supplied or claimed to have been supplied to Owner or caused by, at the direction of, or on behalf of Owner. Prior to the recording of this Agreement (or memorandum thereof) pursuant to Section 4.1 below, Owner shall provide evidence from the Title Company of any new recordings against the Property or Project. City hereby reserves all rights to post notices of non-responsibility and any other notices as may be appropriate upon a filing of a mechanic's lien. In addition to any other indemnity provided by Owner under this Agreement, Owner shall indemnify, defend (with counsel of City's choosing and the consent of Owner, which shall not be unreasonably withheld, conditioned or delayed and which may be joint defense counsel upon City's and Owner's consent), and hold harmless City and all of its officials, officers, employees, representatives, volunteers and agents from any and all alleged or actual claims, causes of action, liabilities,and damages from any third party by reason of a mechanic's lien or work, labor, services, or materials supplied or claimed to have been supplied to Owner or caused by, at the direction of, or on behalf of Owner. 3. AFFORDABILITY 3.1 Total Affordability Term. Owner agrees and covenants, which covenants shall run with the land and bind Owner, its successors, its assigns and every successor in interest to the Property that each Affordable Unit shall be restricted to use and occupancy by a Qualified Resident for a total period of no less than fifty-five (55) years ("Total Affordability Term"). The Total Affordability Term for an Affordable Unit shall commence on the date that the building in which the Affordable Unit is located receives all required occupancy permits from the City. The occupancy permits may be issued in the form of the Certificate of Occupancy or Final Inspection Notice from the City. 3.2 Memorializing Commencement of Total Affordability Term. Owner shall keep or cause to be kept detailed records of the commencement date of the Total Affordability Term for each Affordable Unit. City shall have the right to review and verify said records without a fee from City to Owner to ensure that the commencement date specified by Owner for an Affordable Unit coincides with the date that the initial Affordable Unit received all permits from City required for occupancy of the Unit. In the event that a conflict exists between the date specified by Owner for the commencement of the Total Affordability Term for an Affordable Unit and the date specified