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5/05 <br />WHEREFORE, it is agreed by and between the parties, that the forego rig Recitals are a substantive <br />part of this Agreement and the fol I owi ng terms and conditions are approved and together with all <br />exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and <br />SU BRECI PI ENT: <br />I. SUBRECI PI ENT'S OBL I GATI ONS <br />A. Non-ProfitStatus- Representations aril Warranties, <br />(1) SU B RECI PI ENT acknonrl edges that i is operati ons and the servi ces i t provi des to the <br />community are subject to Subpart K (and, i n some i nstarx*s) Subpart J and/or Subpart M) of the <br />L BP Regs. <br />(2) SUBRECI PI ENT acknowledges that its operations and the services it provides <br />i nd udes. (a) aoqui si ti on, Ieasi ng, or ownershi p of resi denti al property for the purpose of <br />provi di ng affordabl a housi ng for persons wi th sped al needs, such as transiti onal housi ng, or <br />(b) housi ng for persons with sped al needs, such as the di sabl ed, or (c) fi nand al assi stance to <br />assi st transi ti onal hour ng parti ci pants to move to permanent housi ng by payi ng for the fi rst <br />month's rent or security deposit, or (d) tenant -based rental assistance to program participants <br />who choose thei r own housi ng units, and by provi si on of such cervi ces such housi ng is subj ect to <br />the requirements of the L BP Regs. <br />(3) Representations: <br />(a) Authority. SUBRECI PIENT isaduly organized and existing non-profit <br />corporati on i n good standi ng and authorized to do busi ness under the I aws of the State of <br />Cal i forni a SU BRECI PI ENT has ful I ri ght, power and I awful authori ty to accept the fundi ng <br />hereunder and to undertake all obligations as provided herein and the execution, performance <br />and del i very of thi s Agreement by SU BRECI PI ENT has been ful I y authorized by al I requi si to <br />actions on the part of SUBRECI PI ENT. <br />(b) Exper i ence. SU BRECI PI ENT i s a qual ifi ed provider of the cervi ces to be <br />provided hereunder. <br />(c) Familiarity With Services Required. By executing thisAgreement, <br />SUBRECI PI ENT warrants that (i) it has thorough) y i nvesti gated and considered the services to <br />be performed and provided hereunder, (i i) it has careful I considered how the services should be <br />performed, and (i i i) i t ful I understands the favi I i ti es, di ffi cul ti es and restri cti ons attendi ng <br />performance of the cervi ces under this Agreement, i nd usi ve of compliance with the LBP REGS. <br />Should SUBRECI PI ENT discover any latent or unknown conditions materially differing from <br />those i nherent in the work or as represented by CITY, i t shat I immediately inform CITY of such <br />fact and shall not proceed except at SUBRECI PIENT' S risk until written instructions are <br />received from Cl TY' S representative. <br />3 <br />