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5/05 <br />WHEREFORE, it is agreed by and between the parties, that the foregoi ng Recital s are a <br />substantive part of this Agreement and the fol I owi ng terms and condi ti ons are approved and to- <br />gether wi th al I exhi bi is and attachments hereto, shat I consti tute the enti re Agreement between the <br />CITY and SU BRECI R ENT: <br />SUBRECI PI ENT S OBL I GATT ONS <br />A. Non -Profit Status- Representations and Warrant es, <br />(1) SU BRECI RENT acknowledges that its operations and the services it provides to <br />the community are subject to Subpart K, and, i n some i nstance(s) Subpart J and/or Subpart M, of <br />the LBP Regs. <br />(2) SU BRECI PI ENT acknowl edges that i is operati ons and the servi ces i t provi des i n - <br />d ude: (a) acqui siti on, I easi ng, or ownershi p of resi denti al property for the purpose of provi di ng <br />affordable housi ng for persons wi th spec al needs, such as transi ti onal housi ng, or (b) housi ng <br />for parsons wi th spec al needs, such as the di sabl ed, or (c) fi nanci al assi stance to assi st transi- <br />ti onal housi ng parti a pants to move to permanent housi ng by payi ng for the fi rst month's rent or <br />sexari ty deposi t, or (d) tenant -based rental asci stance to program parti ci pants who choose thei r <br />own housi ng units, and by provi si on of such servi ces such housi ng i s subj ect to the requi rements <br />of the LBP Regs. <br />(3) Representati ons: <br />(a) Authority. SUBRECIPIENT isaduly organized and existing non-profit <br />corporation in good standing and authorized to do business under the laws of the State of <br />California SUBRECIPIENT has full right, power and lawful authority to accept the funding <br />hereunder and to undertake al I obl igati ons as provi ded herei n and the executi on, performance <br />and delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite <br />actions on the part of SU BRECI PI ENT. <br />(b) Exper i ence. SU BRECI R ENT i s a qual i f i ed provi der of the servi cies to be <br />provided hereunder. <br />(c) Familiarity With Services Required. By executing thisAgreement, <br />SU B RECI PI ENT warrants that (i) it has thoroughl y i nvesti gated and considered the cervi cies to <br />be performed and provi ded hereunder, (i i) i t has careful I y coni dered how the cervi ces shout d be <br />performed, and (i i i) it ful I y understands the faci 1 i ti es, difficulties and restriction attendi ng per- <br />formance of the services under this Agreement, i nd usive of compliance with the LBP REG& <br />Should SU BRECI PI ENT discover any latent or unknown condition materi al I y differing from <br />those i nherent i n the work or as represented by Cl TY, i t shat I i mmedi atel y i of orm Cl TY of such <br />fact and shat I not proceed except at SU BRECI PI ENT' S ri sk unti I wri tten i nstructi ons are re- <br />cei ved from CI TY' S representative. <br />