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<br />5/05 <br /> <br />WHEREFORE, it is agreed by and between the parties, that the foregoing Recitals are a substantive <br />part of this Agreement and the following terms and conditions are approved and together with all <br />exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and <br />SUBRECIPIENT: <br /> <br />I. SUBRECIPIENT'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 the <br />community are subject to Subpart K (and, in some instance(s) Subpart J and/or Subpart M) of the <br />LBP Regs. <br /> <br />(2) SUB RECIPIENT acknowledges that its operations and the services it provides <br />includes: (a) acquisition, leasing, or ownership of residential property for the purpose of <br />providing affordable housing for persons with special needs, such as transitional housing, or <br />(b) housing for persons with special needs, such as the disabled, or (c) financial assistance to <br />assist transitional housing participants to move to permanent housing by paying for the first <br />month's rent or security deposit, or (d) tenant-based rental assistance to program participants <br />who choose their own housing units, and by provision of such services such housing is subject to <br />the requirements of 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. SUB RECIPIENT 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 <br />and delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite <br />actions on the part of SUB RECIPIENT. <br /> <br />(b) Experience. SUB RECIPIENT 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 <br />received from CITY'S representative. <br /> <br />3 <br />