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18655 <br />efforts to obtain replacement housing wh~,ch meets the <br />articulated special needs of each special category tenant <br />in addition to being comparable as defined in this Ordi- <br />nance. <br />3. An agreement by the developer to offer independ- <br />ently two comparable housing units tQ each special cate- <br />gory tenant prior to giving any notice of tenancy termina- <br />tion to that tenant. If the status of the offered unit as <br />comparable is contested by the tenant, it shall not consti- <br />tute such an offer until the decision of the hearings <br />officer on its compatibility. An independent offer is one <br />which is not an outstanding offer tv any other tenant and <br />which is, during the period of consideration, an exclusive <br />offer to that tenant. Any such obligation on the part of <br />the developer shall not preclude an eviction of any special <br />category tenant for good cause. The agreement to offer <br />comparable housing to a particular tenant may be satisfied <br />by an offer of lifetime tenancy to that tenant. <br />4. An agreement by the developer not to evict any <br />affected tenant, except for good cause, prior to the issu- <br />ance of the final permit for condominium conversion. <br />5. An agreement by the developer not to raise the <br />rent of any affected tenant prior to issuance of the final <br />permit for cvndominiu~m conversion except in a proportional <br />amount equivalent to the percentage rise. in the All Items <br />partland Consumer price Index since the date of the last <br />rent increase for the unit then occupied by the .affected <br />tenant. <br />6. A provision that the <br />favor of all affected tenants <br />party beneficiaries. <br />7. A provision that the <br />liabilit~r for the condominium <br />developers actions yr failure <br />contract shall operate in <br />of the building as third <br />City of Eugene assumes no <br />conversion project ar the <br />to act. <br />$. A provision that reasonable trial and appellate <br />court attorney`s fees shall be paid by the non--prevailing <br />party a.n any action or suit an the contract. <br />9. .Any other provision required under administrative <br />rules issued hereunder. <br />A TAP may include any purchase incentives to existing tenants <br />which are offered by the developer. <br />~~~ Good Faith. It shall be grounds for denial of a <br />preliminary conversion permit that the owner of the building to <br />be converted has evicted more than one elderly or handicapped <br />Qrdinance - 17 <br />