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<br />~ <br /> <br />"-' <br /> <br />8114/01lS <br /> <br />I. SUBRECIPIENTS'S OBLIGATIONS <br /> <br />A. Non-Profit Status - Representations and Warranties. <br /> <br />(1) SUBRECIPIENT acknowledges that its operations and the services it provides to <br />the community are subject to Subpart K, and, in some instance(s) Subpart J and/or Subpart M, of <br />the LBP Regs. <br /> <br />(2) SUBRECIPIENT acknowledges that its operations and the services it provides in- <br />clude: (a) acquisition, leasing, or ownership of residential property for the purpose of providing <br />affordable housing for persons with special needs, such as transitional housing, or (b) housing for <br />persons with special needs, such as the disabled, or (c) financial assistance to assist transitional <br />housing participants to move to permanent housing by paying for the first month's rent or secu- <br />rity deposit, or (d) tenant-based rental assistance to program participants who choose their own <br />housing units, and by provision of such services such housing is subject to the requirements of <br />the LBP Regs. <br /> <br />(3) Representations: <br /> <br />(a) Authority. SUBRECIPIENT is a duly 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 all obligations as provided herein and the execution, performance and <br />delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions <br />on the part of SUB RECIPIENT. <br /> <br />(b) Experience. SUBRECIPIENT is a qualified provider of the services to be <br />provided hereunder. <br /> <br />(c) Familiarity With Services Required. By executing this Agreement, <br />SUBRECIPIENT warrants that (i) it has thoroughly investigated and considered the services to <br />be performed and provided hereunder, (ii) it has carefully considered how the services should be <br />performed, and (iii) it fully understands the facilities, difficulties and restrictions attending <br />performance of the services under this Agreement, inclusive of compliance with the LBP REGS. <br />Should SUBRECIPIENT discover any latent or unknown conditions materially differing from <br />those inherent in the work or as represented by CITY, it shall immediately inform CITY of such <br />fact and shall not proceed except at SUBRECIPIENT'S risk until written instructions are re- <br />ceived from CITY'S representative. <br /> <br />(d) No Conflict. To the best of SUB RECIPIENT'S knowledge, <br />SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement <br />will not constitute a default or a breach under any contract, agreement or order to which <br />SUBRECIPIENT is a party or by which it is bound. <br /> <br />3 <br />