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secured any and all permits that may be required for development of the Project by City or any
<br />other federal, state, or local governmental entity having or claiming jurisdiction over the Property
<br />or Project. Upon securing any and all permits, and all necessary financing and property interests,
<br />Developer shall carry out and perform the development, operation, and maintenance of the Project
<br />or cause the performance of the development, operation, and maintenance of the Project, in
<br />conformity with all applicable federal, state, and local laws and regulations, and all conditions of
<br />approval issued by the City Council and City's Planning Commission for the Project. Any changes
<br />to the Project shall be reviewed by the City to determine compliance with this Agreement. If any
<br />changes to the Project shall materially alter the ability of Developer to comply with any terms of
<br />this Agreement in City's sole determination, then City and Developer shall meet and confer to
<br />address amendments and revisions to this Agreement as necessary.
<br />2.9 Relocation Prior to Development of Project. If relocation is required prior to the
<br />completion of development of the Project, Developer shall have the sole and exclusive
<br />responsibility for providing relocation assistance and paying all relocation costs as may be required
<br />to comply with applicable federal and state laws and regulations. In addition to any other indemnity
<br />provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of
<br />City's choosing and the consent of Developer, which shall not be unreasonably withheld, and
<br />which may be joint defense counsel upon City's and Developer's consent), and hold harmless City
<br />and all of its officials, officers, employees, representatives, volunteers and agents from any and all
<br />alleged or actual claims, causes of action, liabilities, and damages from any third party for
<br />relocation assistance, benefits and costs prior to the completion of the development of the Project.
<br />2.10 Mechanic's Liens; Indemnification. Developer shall take all actions reasonably
<br />necessary to remove any future mechanic's liens or other similar liens (including design
<br />professional liens) against the Property or Project, or any part thereof, by reason of work, labor,
<br />services, or materials supplied or claimed to have been supplied to Developer or caused by, at the
<br />direction of, or on behalf of Developer. Prior to the recording of this Agreement (or memorandum
<br />thereof) pursuant to Section 4.1 below, Developer shall provide evidence from the Title Company
<br />of any new recordings against the Property or Project. City hereby reserves all rights to post notices
<br />of non -responsibility and any other notices as may be appropriate upon a filing of a mechanic's
<br />lien. In addition to any other indemnity provided by Developer under this Agreement, Developer
<br />shall indemnify, defend (with counsel of City's choosing and the consent of Developer, which shall
<br />not be unreasonably withheld, conditioned or delayed and which may be joint defense counsel
<br />upon City's and Developer's consent), and hold harmless City and all of its officials, officers,
<br />employees, representatives, volunteers and agents from any and all alleged or actual claims, causes
<br />of action, liabilities, and damages from any third party by reason of a mechanic's lien or work,
<br />labor, services, or materials supplied or claimed to have been supplied to Developer or caused by,
<br />at the direction of, or on behalf of Developer.
<br />3. AFFORDABILITY
<br />3.1 Affordability Term. Each Affordable Unit shall be restricted to use and
<br />occupancy by Eligible Households for a term of not less than fifty-five (55) years ("Affordability
<br />Term"). The Affordability Term shall commence on the date when an Affordable Unit receives all
<br />required occupancy permits from the City and expire on the date that is fifty-five (55) years after
<br />the date when the Affordable Unit is first made available for occupancy to Eligible Households
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<br />2130 East Fourth Street Density Bonus Agreement
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