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<br />areas (garden plot, community room, children’s play area and bike storage). The units shall be offered <br />for rent to those whose income falls at or below 60% of the Area Median Income as determined by the <br />State Housing Council. <br /> <br />Section 2. <br /> The land and units described in Section 1 above are declared exempt from local ad <br />valorem property taxation commencing July 1, 2012, and continuing for a continuous period of twenty <br />(20) years unless earlier terminated in accordance with the provisions of Section 2.940 of the Eugene <br />Code, 1971, which provides for termination after an opportunity to be heard if: <br /> <br />2.1 Construction or development of the exempt property differs from the construction or <br />development described in the application for exemption, or was not completed by January 1, <br />2020, and no extensions or exceptions were granted; or <br /> <br />2.2 The applicant fails to comply with provisions of ORS 307.515 to 307.523, provisions of <br />the Eugene Code, 1971, the Standards and Guidelines adopted by Council Resolution No. 5028, <br />or any conditions imposed in this Resolution. <br /> <br />The tax exemption shall be terminated immediately, without right of notice or appeal, pursuant to the <br />provisions of ORS 307.531 in the event that the county assessor determines that a change of use to other <br />than that allowed has occurred for the housing unit, or portion thereof, or, if after the date of this <br />approval, a declaration as defined in ORS 100.005 is presented to the county assessor or tax collector for <br />approval under ORS 100.110. <br /> <br />Section 3. <br /> The City Manager, or the Manager's designee, is requested to forward a copy of this <br />Resolution to the applicant within ten (10) days from the date of adoption of this Resolution, and to <br />cause a copy of this Resolution to be filed with the Lane County Assessor on or before April 1, 2012. <br />The copy of the Resolution sent to the applicant shall be accompanied by a notice explaining the <br />grounds for possible termination of the exemption prior to the end of the exemption period and the <br />effects of the termination. <br /> <br />Section 4. <br /> This Resolution shall become effective immediately upon its adoption. <br /> <br />The foregoing Resolution adopted the ____ day of June, 2011. <br /> <br /> <br /> <br /> <br /> _____________________________________ <br /> AIC City Recorder <br /> <br /> <br /> \\Cesrv500\cc support\CMO\2011 Council Agendas\M110627\S1106272C and attsA-D.doc <br /> <br />