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except for good cause, prior to the expiration of [180] 120 days <br />from the [time the tenant receives notice of planned conversion or <br />prior to] issuance of the permit[, whichever is later]. <br />5. An agreement by the developer not to raise the rent of any special <br />category tenant except to an amount equal to or less than rent for <br />comparable housing in the same building if such comparable <br />housing exists. <br />6. A provision that the contract shall operate in favor of all affected <br />tenants of the building as third party beneficiaries. <br />7. A provision that the city assumes no liability for the condominium <br />conversion project or the developer's actions or failure to act. <br />8. A provision that reasonable trial and appellate court attorney's <br />fees shall be paid by the non-prevailing party in any action or suit <br />on the contract. <br />9. Any other provision required under administrative rules issued <br />hereunder. <br />A TAP may include any purchase incentives to existing tenants which <br />are offered by the developer. <br />(hg) Cash reserve escrow account. The developer shall submit proof of <br />establishment of a cash reserve account by the developer for <br />replacement reserves for common elements in an amount and in the <br />manner required by state law. In determining the estimated useful life <br />and replacement costs for the common elements, the developer shall <br />use the estimates set forth in the [engineer/architect's] common <br />elements report. <br /> <br />Section 4. <br /> Subsection (5) of Section 2.1074 of the Eugene Code, 1971, is <br />amended to provide: <br />2.1074 Condominium Conversion - Post-Permit Obligations and Procedures. <br /> <br />(5) <br /> Update of [engineer/architect's certificate] common elements report. <br />The developer shall update the [engineer's certificate] report required <br />under section 2.1070(ba) of this code every three (3) years until control <br />of the condominium is transferred from a developer to an association of <br />unit owners. Such update shall include more current information on <br />repair or replacement costs and any new or supplementary information <br />on the condition and expected useful life of the common elements. <br /> <br />Section 5. <br /> The City Manager shall establish, by administrative rule, that the <br />condominium conversion developer must pay the moving expenses of all special <br />category tenants in an amount no less than the Federal Uniform Relocation Assistance <br />Ordinance - <br />5 <br /> <br />