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warrants exceeding the Housing Dispersal Policy's 60-unit limitation; that the project is otherwise in <br />conformance with applicable local plans, planning regulations, the Metro Plan, the criteria for approval <br />as set forth in Subsection 2.939(2) of the Eugene Code, 1971, and the policies set forth in the Standards <br />and Guidelines adopted by Resolution No. 4623 of the City Council; and that the applicant has <br />submitted all materials, documents and fees required by the application and the City, including, but not <br />limited to: documentation that the housing units on the property will be constructed after February 12, <br />1990, documentation that the required rent payment will reflect the full value of the property tax <br />exemption, documentation that the property is offered for rental solely as a residence for low-income <br />persons, and documentation that the applicant has previously executed the required Consent to <br />Inspection of Premises and the Rent Regulatory Agreement, which agreement contains a provision <br />requiring certification of income levels of low-income occupants. <br /> <br /> NOW, THEREFORE, <br /> <br /> BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a Municipal <br />Corporation of the State of Oregon, as follows: <br /> <br /> Section 1. Based upon the above findings, which are adopted herein, and the City Council's <br />review of the Report and Recommendation of the Director of the Planning and Development <br />Department, the City Council hereby approves the application of Public Private Partnerships, Inc. for an <br />ad valorem property tax exemption under the City's Low-Income Rental Housing Property Tax <br />Exemption Program for the property located at Marche Chase Drive and Kinsrow Avenue, Eugene, <br />Oregon (Tax Lot 17-03-28-40-1406), as more particularly described on Exhibit "A" attached hereto and <br />incorporated herein by reference, subject to the following condition: <br /> <br /> Upon completion of construction, the project shall consist of 240 low-income rental <br /> housing units (60 one-bedroom, 84 two-bedroom, and 96 three-bedroom units), and all of the <br /> property shall be used for the purpose of providing low-income rental housing. <br /> <br /> Section 2. That the land and the improvements constructed thereon as described in Section 1 <br />above are hereby declared exempt from local ad valorem property taxation commencing July 1, 2005 <br />and continuing for a continuous period of twenty (20) years unless earlier terminated in accordance with <br />the provisions of Section 2.940 of the Eugene Code, 1971, which provide for termination after an <br />opportunity to be heard if: <br /> <br /> 2.1 Construction or development of the exempt property differs from the construction <br /> or development described in the application for exemption, or was not completed by January 1, <br /> 2010, and no extensions or exceptions were granted; or <br /> <br /> 2.2 The property owner fails to comply with provisions of ORS 307.515 to 307.523, <br /> provisions of the Eugene Code, 1971, the Standards and Guidelines adopted by Council <br /> Resolution No. 4623, or any conditions imposed in this Resolution; and <br /> <br />immediate termination, without right of notice or appeal, pursuant to the provisions of ORS 307.531 in <br />the event: <br /> <br /> 2.3 The exempt property is being held for future development of low income rental <br /> housing and it is used for any purpose other than the provision of low income rental housing; or <br /> <br /> L:\CMO\2004 Council Agendas\M040809\S0408094.doc <br /> <br /> <br />