Admin Order 53-07-09-F - Laserfiche WebLink

Home Browse Search

3. LIMITATION ON RENT INCREASES AND EVICTION REMEDIES. Park Owner represents that no affected tenant has been evicted from the manufactured dwelling park during the one year preceding the filing of the Notice of Manufactured Dwelling Park Closure, and Park Owner agrees not to evict any tenant, except for good cause (as defined in Section 2.1600 of the Eugene Code) prior to the issuance of the Manufactured Dwelling Park Closure permit by the City. Park Owner further agrees not to raise the rent for any space after the date of the Notice of Manufactured Dwelling Park Closure. 4. OPERATION OF CONTRACT. This Contract shall operate for the benefit of those tenants listed on Exhibit 8-A and shall be enforceable at the instigation of any such listed tenant as a third-party beneficiary. It is expressly understood that the City assumes no liability for the Park Owner's closure project or the Park Owner's actions or failure to act in any attempt to comply with local or state legal requirements applicable to manufactured dwelling park closures. 5. ATTORNEY FEES. If either party fails in any way to perform the requirements of this agreement, the other party, or any third-party beneficiary, shall be entitled to reasonable attorney fees and costs incurred in order to enforce this agreement, whether or not legal proceedings are commenced in order to enforce this agreement. In the event legal proceedings are commenced in order to enforce this agreement, the prevailing party in the proceedings shall be entitled to recover its reasonable attorney fees, costs and disbursements incurred in the proceedings, both at trial or hearing and on appeal. 6. MODIFICATIONS. This Contract may be modified only by a written document signed by both parties. Both parties agree that the lists of affected tenants (Exhibits 8-A) shall be modified without additional consideration should new or additional facts warrant inclusion of any person not presently listed. 7. WAIVER OF TENANT RIGHTS. Park Owner may satisfy the obligations imposed by this Contract for any particular tenant by execution of a written waiver of rights by that tenant if such waiver is entered into in good faith and not for the purpose of evading the obligations of Park Owner, the terms and conditions of the waiver are clearly and fairly disclosed, and adequate consideration for the agreement is clearly stated. In particular, the obligations imposed above for the provision of alternative housing and payment of moving and set up expenses to particular tenants may be modified consistent with applicable provisions of ORS 90.630 and OAR Ch 813, Div 8, and City Administrative Rule R-1086. Exhibit 8: Tenant Assistance Plan Contract Manufactured Dwelling Park Closure Page 3 of6