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Item 4 - Low-Income Prop Tx Ex.
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Item 4 - Low-Income Prop Tx Ex.
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8/9/2004 11:49:56 AM
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8/9/2004
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8.2 City agrees to execute a subordination agreement satisfactory to any lender described in <br /> Paragraph 8.1 confirming the subordinate nature of City's rights under this agreement and <br /> the recorded document. <br /> <br />9. Contract Administration. Each party designates the following as its representative for <br /> purposes of administering this agreement: <br /> <br /> Metro: NEDCO: City: <br /> <br /> Richard Larson Sandy Halonen Linda Dawson <br /> President Executive Director Planning and Development <br /> P.O. Box 5848 775 Monroe 99 W. 10th Avenue <br /> Eugene, Oregon 97405 Eugene, Oregon 97402 Eugene, Oregon 97401 <br /> <br /> Either party may change its designated representative by giving written notice to the other as <br /> provided in paragraph 13. <br /> <br /> 10. Record/Inspection. Metro and NEDCO shall maintain records of its CDBG grant require- <br /> ments under this contract for a period of not less than five (5) full fiscal years following <br /> completion of the compliance period under Paragraph 4.3 and 5.3, as follows: <br /> <br /> 10.1Metro and NEDCO shall maintain appropriate records reasonably required by City for <br /> determination of compliance with Metro and NEDCO's covenants and obligations under <br /> this agreement, including records of all tenants, regardless of length of occupancy, <br /> residing in affordable units in the Project and single family units. Records and <br /> documentation maintained by Metro and NEDCO shall be sufficient to verify eligibility as <br /> very Iow or lower income families according to CDBG income guidelines. Information <br /> shall include income level, race and ethnicity data, female head of household, and <br /> disability status and such other information as City may reasonably require. <br /> <br /> 10.2City shall have the right, upon reasonable advance notice, to inspect, audit and make <br /> copies of any records that relate to this agreement that are reasonably necessary to <br /> determine compliance with the requirements of this agreement. <br /> <br />11. Indemnification. To the extent legally possible, Metro, NEDCO and City shall indemnify and <br /> hold the other, its officers, agents, and employees, harmless from and against any and all <br /> claims, actions, liabilities, costs, including attorney fees and other costs of defense, arising out <br /> of or in any way related to any act or failure to act by each other and each other's employees, <br /> agents, officers, and contractors in connection with this agreement. <br /> <br />12. Compliance With Laws. Metro and NEDCO shall comply with all applicable federal, state, <br /> and local laws, rules, ordinances, and regulations, in connection with its use of the Property <br /> and shall defend, indemnify and hold City harmless from any failure of compliance. <br /> <br />13. Notices. Any notices permitted or required by this contract shall be deemed given when <br /> personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, <br /> return receipt requested, addressed to the representative designated in paragraph 9. Either <br /> party may change its address by notice given to the other in accordance with this paragraph. <br /> <br />Metro Apple Orchard Apartments Land Grant Agreement - 6 <br /> <br /> <br />
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