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<br />2. An agreement by the developer to contract with a housing <br />counselor approved by the city, to assist special category tenants <br />of the building to be converted in locating housing and to act as <br />the developer's sole agent in representing housing as <br />comparable, to special category tenants. The city may withdraw <br />its approval of the housing counselor at any time. The contract <br />between a housing counselor and a developer shall be subject to <br />approval by the city. Such contract shall require the counselor to <br />use the counselor's best efforts to obtain replacement housing <br />which meets the articulated special needs of each special <br />category tenant in addition to being comparable as defined in this <br />code. <br />3. An agreement by the developer to offer two comparable housing <br />units to each special category tenant prior to giving any notice of <br />tenancy termination to that tenant. If the status of the offered unit <br />as comparable is contested by the tenant, it shall not constitute <br />such an offer until the decision of the hearings officer on its <br />compatibility. An independent offer is one which is not an <br />outstanding offer to any other tenant and which is, during the <br />period of consideration, an exclusive offer to that tenant. Any <br />such obligation on the part of the developer shall not preclude an <br />eviction of any special category tenant for good cause. The <br />agreement to offer comparable housing to a particular tenant may <br />be satisfied by an offer of lifetime tenancy to that tenant. <br />4. An agreement by the developer not to evict any affected tenant, <br />except for good cause, prior to the expiration of 120 days from the <br />issuance of the permit. <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 />(g) 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 /> <br />Ordinance - 4 <br />