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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: Section 1. Based upon the above findings, <br />which are adopted herein, and the City Council's review of the Report and Recommendation of <br />the Director of the Planning and Development Department, the City Council hereby approves <br />the application of Apple Orchard Village, Limited Partnership/Metropolitan Affordable Housing <br />Corporation, General Partner for an ad valorem property tax exemption under the City's Low- <br />Income Rental Housing Property Tax Exemption Program for the property located at 2640 - <br />2694 Edgewood Drive, Eugene, Oregon (Tax Lot 17-04-12-33-00600), as more particularly <br />described on Exhibit "A" attached hereto and incorporated herein by reference, subject to the <br />following condition: <br /> <br /> The project shall consist of 40 Iow-income rental housing units (8 studio, 8 one- <br /> bedroom, and 24 two-bedroom units)and all of the property shall be used for the <br /> purpose of providing Iow-income rental housing. <br /> <br /> Section 2. That the land and the improvements constructed thereon as described in <br />Section 1 above are hereby declared exempt from local ad valorem property taxation <br />commencing July 1, 2005 and continuing for a continuous period of twenty (20) years unless <br />earlier terminated in accordance with the provisions of Section 2.940 of the Eugene Code, <br />1971, which provide for termination after an opportunity to be heard if: <br /> <br /> 2.1 Construction or development of the exempt property differs from the <br /> construction or development described in the application for exemption, or was not <br /> completed by January 1,2010, 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 <br /> 307.523, provisions of the Eugene Code, 1971, the Standards and Guidelines adopted <br /> by Council 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 <br />307.531 in the event: <br /> <br /> 2.3 The exempt property is being held for future development of Iow-income <br /> rental housing and it is used for any purpose other than the provision of Iow-income <br /> rental housing; or <br /> <br /> 2.4 The county assessor determines that a change of use to other than that <br /> 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 <br /> or tax collector for approval under ORS 100.110. <br /> <br /> Section 3. The City Manager, or the Manager's designee, is requested to forward a <br />copy of this Resolution to the applicant, and to the other taxing districts affected hereby, within <br />ten days from the date hereof, and to cause a copy of this Resolution to be filed with the Lane <br />County Assessor on or before April 1, 2005. <br /> <br /> L:\CMO\2004 Council Agendas\M040809\S0408094.doc <br /> <br /> <br />