HomeMy WebLinkAboutItem 07 New Manf. Dwelling Park IGAAGENDA ITEM SUMMARY
SPRINGFIELD
CITY COUNCIL
Meeting Date:
Meeting Type:
Staff Contact/Dept.:
Staff Phone No:
Estimated Time:
Council Goals:
9/6/2022
Regular Meeting
Erin Fifield / DPW
541-726-2302
5 Minutes
Provide Financially
Responsible and
Innovative Government
Services
ITEM TITLE:
NEW MANUFACTURED DWELLING PARK INTERGOVERNMENTAL
AGREEMENT (IGA)
ACTION
Authorize City Manager to sign the Intergovernmental Agreement (IGA) with
REQUESTED:
Oregon Housing and Community Services to disburse $3 million in grant funding
for the purpose of developing a Manufactured Dwelling Park in Springfield.
ISSUE
In 2021, pursuant to HB 5006, Oregon Housing and Community Services (OHCS)
STATEMENT:
was appropriated $3 million from the general fund for the purposes of developing a
manufactured dwelling park in Springfield. The City of Springfield, Representative
Lively and St. Vincent de Paul advocated for these funds, acknowledging the need
for housing for low-income residents and the risk of displacement facing some of
Springfield's manufactured dwelling parks. With this IGA, the City would receive
$3 million in order to disburse funds toward the development of a new
manufactured dwelling park in Springfield.
ATTACHMENTS: 1 — OHCS IGA New Manufactured Dwelling Park
DISCUSSION/ For years, the City of Springfield recognized that a large number of manufactured
FINANCIAL home park residents in privately -owned parks could face a risk of displacement. In
IMPACT: 2016, as part of the Governor's Oregon Solutions Project, the City organized
stakeholder meetings and created the Manufactured Home Park Solutions
Collaborative Local Agency Toolkit, a guide to a coordinated housing and social
service assistance response if a closure were to occur. As a result of that effort, the
City recognized the benefit in preserving the number of manufactured homes in
Springfield, even if the park itself can't be preserved due to owner's interests in
redeveloping or selling the property.
In 2019, the City of Springfield worked with Representative Lively and St. Vincent
de Paul, a member of the Governor's Oregon Solutions team, to pass a bill that
appropriated $3 million in funding for the development of a manufactured dwelling
park in Springfield. The funds allocated in the bill were calculated per unit to match
OHCS's park preservation program. It was acknowledged that these funds would
help with development costs for a new park, and that additional funding for
affordable housing would be needed, similar to other affordable housing
development projects.
Given the City's role in disbursing federal CDBG and HOME funds for land
acquisition and new affordable housing development, it was determined that it
would be more efficient for the City of Springfield, rather than OHCS, to work with
a nonprofit developer on using these funds to develop a new manufactured dwelling
park. This IGA outlines the expectations for how these funds will be used and
allows for 1% of funds to be used by the City of Springfield to be reimbursed for
project delivery costs (staff time).
There is no specific site tied to this IGA.
INTERGOVERNMENTAL AGREEMENT
MANUFACTURED DWELLING PARK DEVELOPMENT
Agreement No. 7202
This Agreement is between the State of Oregon acting by and through its Oregon Housing and
Community Services Department ("Agency" or "OHCS") and the City of Springfield, Oregon
("City of Springfield"), each a "Party" and, together, the "Parties".
SECTION 1: AUTHORITY
This Agreement is authorized by ORS 190.110 and Oregon Laws 2021, ch 669, § 275
(hereinafter HB 5006 (2021)).
SECTION 2: BACKGROUND AND PURPOSE
Pursuant to HB 5006 (2021), OHCS was appropriated $3,000,000 from General Fund for one
or more grants to nonprofit organizations for the purposes of developing or improving
infrastructure for a manufactured dwelling park in Springfield Oregon.
City of Springfield intends to disburse grant funding to St Vincent De Paul of Lane County
("SVDP"), an Oregon nonprofit corporation, and administer the grant to ensure grant funding
is used for the purpose of developing or improving infrastructure for a manufactured
dwelling park in Springfield, Oregon. In the event City of Springfield cannot reach agreement
with SVDP for disbursal of grant funding consistent with this agreement, City of Springfield
and Agency will work in good faith to amend this Agreement to allow City of Springfield to
otherwise disburse or expend funds consistent with the purpose of this Agreement.
SECTION 3: EFFECTIVE DATE AND DURATION
This Agreement is effective when this Agreement has been fully executed by every Parry and,
when required, approved by the Department of Justice, ("Effective Date"), and terminates on
June 30, 2023, unless terminated earlier in accordance with Section 16.
SECTION 4: AUTHORIZED REPRESENTATIVES
4.1 Agency's Authorized Representative is:
Kari Hodai, Manufactured Housing Program Analyst 4
725 Summer St. NE
Salem, OR 97301
(503) 508-9189
kari.s.hodai@hcs.oregon.gov
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4.2 City of Springfield Representative is:
Erin Fifield
Community Development Analyst, City of Springfield Department of
Development & Public Works.
541-726-2302
efifield@springfield-or.gov
4.3 A Parry may designate a new Authorized Representative by written notice to the other
Parry without the need for formal amendment.
SECTION 5: RESPONSIBILITIES OF EACH PARTY
5.1 City of Springfield shall perform the following:
5.1.1 Make a one-time award of grant funding to SVDP, an Oregon non-profit corporation, in
the amount as described in Section 6.1 of this Agreement, to be used solely in the
development of a manufactured dwelling park in the City of Springfield.
5.1.2 The one-time award of grand funding to SVDP must clearly define the allowable grant
activities to be completed by SVDP. Grant activities may include land purchases, on-
site and off-site infrastructure development, partition and annexation of property,
payment of development fees, payment of system development charges, payment of
architectural and building costs, completing road improvements that are required as
part of development, and the forward purchasing of materials for the purposes of
developing or improving infrastructure for non-profit manufactured dwelling parks in
the City of Springfield, Oregon.
5.1.3 Manufactured dwelling park shall include a minimum of 40 manufactured home units
up to 100 manufactured home units, and potentially one Common Building for
community use and one playground for community use. The minimum 40
manufactured home units within the park may contain a mix of double -wide and
single wide manufactured homes designated for rental and ownership. At least 51% of
units must be made available to low to moderate Area Median Income (AMI)
households (to be determined based on Federal Housing & Urban Development
(HUD) AMI standards and eligibility criteria).
5.1.4 The City of Springfield may utilize up to 1% ($30,000) of Grant funds for project
delivery costs.
5.1.5 Ensure that SVDP obtains insurance for housing units and submits a certificate of
insurance to Agency prior to placement of housing units on project site(s).
5.1.6 Provide quarterly project updates using the Quarterly Progress Report (Attached as
Exhibit A) that outlines the current project progress and the anticipated next steps
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over the next quarter until project completion.
5.2 Agency will perform the following activities:
5.2.1 Review quarterly project updates provided by the City of Springfield to Agency.
5.2.2 Upon execution, Agency will make a one-time disbursement of the total amount of the
Grant to the City of Springfield.
SECTION 6: COMPENSATION
6.1 Agency has agreed to make a conditional award of funds to the City of Springfield not -to -
exceed amount of $3,000,000.00 (the "Grant"). Upon execution of this Agreement, Agency
will disburse Grant Funds to the City of Springfield in the full amount of the Grant.
6.2 Upon expiration or termination of this Agreement, City of Springfield shall grant any
remaining amount of grant funds to St. Vincent DePaul to be utilized for any additional
improvements that benefit the manufactured park residents.
6.3 Any desired use of funds by City of Springfield that differs from the Work must first be
approved in writing, by Agency. All grant funds must be used to provide services as indicated
in the Work.
SECTION 7: REPRESENTATIONS AND WARRANTIES
City of Springfield represents and warrants to Agency that:
7.1 City of Springfield has the power and authority to enter into and perform this Agreement;
7.2 The making and performance by City of Springfield of this Agreement (a) have been duly
authorized by City of Springfield, (b) do not and will not violate any provision of any
applicable law, rule, regulation, or order of any court, regulatory commission, board, or other
administrative agency or any provision of City of Springfield's charter or other organizational
document and (c) do not and will not result in the breach of, or constitute a default or require
any consent under any other agreement or instrument to which City of Springfield is party or
by which City of Springfield may be bound or affected. No authorization, consent, license,
approval of, or filing or registration with or notification to any governmental body or
regulatory or supervisory authority is required for the execution, delivery or performance by
City of Springfield of this Agreement, other than those that have already been obtained;
7.3 This Agreement has been duly executed and delivered by City of Springfield and constitutes a
legal, valid and binding obligation of City of Springfield enforceable in accordance with its
terms;
7.4 City of Springfield shall, at all times during the term of this Agreement, be qualified,
professionally competent, and duly licensed to perform its obligations under this Agreement.
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The representations and warranties set forth in this section are in addition to, and not in
lieu of, any other representations or warranties provided by City of Springfield.
SECTION 8: GOVERNING LAW, CONSENT TO JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of
Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding
(collectively "Claim") between Agency or any other agency or department of the State of
Oregon, or both, and City of Springfield that arises from or relates to this Agreement shall be
brought and conducted solely and exclusively within the Circuit Court of Marion County for the
State of Oregon. However, if a Claim must be brought in a federal forum, then it shall be brought
and conducted solely and exclusively within the United States District Court for the District of
Oregon. In no event shall this Section be construed as a waiver by the State of Oregon of any
form of defense or immunity, whether sovereign immunity, governmental immunity, immunity
based on the eleventh amendment to the Constitution of the United States or otherwise, to or
from any Claim or from the jurisdiction of any court. CITY OF SPRINGFIELD, BY EXECUTION OF
THIS AGREEMENT, HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID
COURTS.
SECTION 9: OWNERSHIP OF WORK PRODUCT [RESERVED]
SECTION 10: CONTRIBUTION
10.1 If any third parry makes any claim or brings any action, suit or proceeding alleging a tort as
now or hereafter defined in ORS 30.260 (a "Third -Party Claim") against a Party (the "Notified
Parry") with respect to which the other Party (the "Other Parry") may have liability, the
Notified Party shall promptly notify the Other Parry in writing of the Third -Parry Claim and
deliver to the Other Party, along with the written notice, a copy of the claim, process and all
legal pleadings with respect to the Third -Party Claim that have been received by the Notified
Parry. Each Party is entitled to participate in the defense of a Third -Party Claim, and to
defend a Third -Party Claim with counsel of its own choosing. Receipt by the Other Parry of
the notice and copies required in this Section and a meaningful opportunity for the Other
Parry to participate in the investigation, defense and settlement of the Third -Party Claim
with counsel of its own choosing are conditions precedent to the Other Parry's contribution
obligation under this Section 10 with respect to the Third -Parry Claim.
10.2 With respect to a Third -Party Claim for which Agency is jointly liable with City of Springfield
(or would be if joined in the Third -Party Claim), Agency shall contribute to the amount of
expenses (including attorneys' fees), judgments, fines and amounts paid in settlement
actually and reasonably incurred and paid or payable by City of Springfield in such
proportion as is appropriate to reflect the relative fault of Agency on the one hand and of City
of Springfield on the other hand in connection with the events that resulted in such expenses,
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judgments, fines or settlement amounts, as well as any other relevant equitable
considerations. The relative fault of Agency on the one hand and of City of Springfield on the
other hand shall be determined by reference to, among other things, the Parties' relative
intent, knowledge, access to information and opportunity to correct or prevent the
circumstances resulting in such expenses, judgments, fines or settlement amounts. Agency's
contribution amount in any instance is capped to the same extent it would have been capped
under Oregon law if the State had sole liability in the proceeding.
10.3 With respect to a Third -Party Claim for which City of Springfield is jointly liable with Agency
(or would be if joined in the Third -Party Claim), City of Springfield shall contribute to the
amount of expenses (including attorneys' fees), judgments, fines and amounts paid in
settlement actually and reasonably incurred and paid or payable by Agency in such
proportion as is appropriate to reflect the relative fault of City of Springfield on the one hand
and of Agency on the other hand in connection with the events that resulted in such
expenses, judgments, fines or settlement amounts, as well as any other relevant equitable
considerations. The relative fault of City of Springfield on the one hand and of Agency on the
other hand shall be determined by reference to, among other things, the Parties' relative
intent, knowledge, access to information and opportunity to correct or prevent the
circumstances resulting in such expenses, judgments, fines or settlement amounts. City of
Springfield's contribution amount in any instance is capped to the same extent it would have
been capped under Oregon law if it had sole liability in the proceeding.
SECTION 11: CITY OF SPRINGFIELD DEFAULT
City of Springfield will be in default under this Agreement upon the occurrence of any of the
following events:
11.1 City of Springfield fails to perform, observe or discharge any of its covenants, agreements or
obligations under this Agreement;
11.2 Any representation, warranty or statement made by City of Springfield in this Agreement or
in any documents or reports relied upon by Agency to measure the delivery of services, the
expenditure of funds or the performance by City of Springfield is untrue in any material
respect when made;
11.3 City of Springfield (a) applies for or consents to the appointment of, or taking of possession
by, a receiver, custodian, trustee, or liquidator of itself or all of its property, (b) admits in
writing its inability, or is generally unable, to pay its debts as they become due, (c) makes a
general assignment for the benefit of its creditors, (d) is adjudicated a bankrupt or insolvent,
(e) commences a voluntary case under the Federal Bankruptcy Code (as now or hereafter in
effect), (f) files a petition seeking to take advantage of any other law relating to bankruptcy,
insolvency, reorganization, winding -up, or composition or adjustment of debts, (g) fails to
controvert in a timely and appropriate manner, or acquiesces in writing to, any petition filed
against it in an involuntary case under the Bankruptcy Code, or (h) takes any action for the
purpose of effecting any of the foregoing; or
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11.4 A proceeding or case is commenced, without the application or consent of City of Springfield,
in any court of competent jurisdiction, seeking (a) the liquidation, dissolution or winding -up,
or the composition or readjustment of debts of City of Springfield, (b) the appointment of a
trustee, receiver, custodian, liquidator, or the like of City of Springfield or of all or any
substantial part of its assets, or (c) similar relief in respect to City of Springfield under any
law relating to bankruptcy, insolvency, reorganization, winding -up, or composition or
adjustment of debts, and such proceeding or case continues undismissed, or an order,
judgment, or decree approving or ordering any of the foregoing is entered and continues
unstayed and in effect for a period of sixty consecutive days, or an order for relief against City
of Springfield is entered in an involuntary case under the Federal Bankruptcy Code (as now
or hereafter in effect).
SECTION 12: AGENCY DEFAULT
Agency will be in default under this Agreement if Agency fails to perform, observe or discharge
any of its covenants, agreements, or obligations under this Agreement.
SECTION 13: REMEDIES
13.1 In the event City of Springfield is in default under Section 11, Agency may, at its option,
pursue any or all of the remedies available to it under this Agreement and at law or in equity,
including, but not limited to: (a) termination of this Agreement under Section 16, (b)
reducing or withholding payment for work or Work Product that City of Springfield has
failed to deliver within any scheduled completion dates or has performed inadequately or
defectively, (c) requiring City of Springfield to perform, at City of Springfield's expense,
additional work necessary to satisfy its performance obligations or meet performance
standards under this Agreement, (d) initiation of an action or proceeding for damages,
specific performance, or declaratory or injunctive relief, or (e) exercise of its right of
recovery of overpayments under Section 14 of this Agreement or setoff, or both. These
remedies are cumulative to the extent the remedies are not inconsistent, and Agency may
pursue any remedy or remedies singly, collectively, successively or in any order whatsoever.
13.2 In the event Agency is in default under Section 12 and whether or not City of Springfield
elects to exercise its right to terminate this Agreement under Section 16.3.3, or in the event
Agency terminates this Agreement under Sections 16.2.1, 16.2.2, 16.2.3, or 16.2.5, City of
Springfield's sole monetary remedy will be (a) for work compensable at a stated rate, a claim
for unpaid invoices for work completed and accepted by Agency, for work completed and
accepted by Agency within any limits set forth in this Agreement but not yet invoiced, for
authorized expenses incurred, and for interest within the limits of ORS 293.462, less any
claims Agency has against City of Springfield, and (b) for deliverable -based work, a claim for
the sum designated for completing the deliverable multiplied by the percentage of work
completed on the deliverable and accepted by Agency, for authorized expenses incurred, and
for interest within the limits of ORS 293.462, less previous amounts paid for the deliverable
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and any claims that Agency has against City of Springfield. In no event will Agency be liable
to City of Springfield for any expenses related to termination of this Agreement or for
anticipated profits. If previous amounts paid to City of Springfield exceed the amount due to
City of Springfield under this Section 13.2, City of Springfield shall promptly pay any excess
to Agency.
SECTION 14: RESERVED
SECTION 15: LIMITATION OF LIABILITY
EXCEPT FOR LIABILITY ARISING UNDER OR RELATED TO SECTION 10, NEITHER PARTY WILL
BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES ARISING
OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF WHETHER THE LIABILITY
CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY,
PRODUCT LIABILITY OR OTHERWISE. NEITHER PARTY WILL BE LIABLE FOR ANY DAMAGES
OF ANY SORT ARISING SOLELY FROM THE TERMINATION OF THIS AGREEMENT IN
ACCORDANCE WITH ITS TERMS.
SECTION 16: TERMINATION
16.1 This Agreement maybe terminated at anytime by mutual written consent of the Parties.
16.2 Agency may terminate this Agreement as follows:
16.2.1 Upon 30 days advance written notice to City of Springfield;
16.2.2 Immediately upon written notice to City of Springfield, if Agency fails to receive
funding, or appropriations, limitations or other expenditure authority at levels
sufficient in Agency's reasonable administrative discretion, to perform its obligations
under this Agreement;
16.2.3 Immediately upon written notice to City of Springfield, if federal or state laws, rules,
regulations or guidelines are modified or interpreted in such a way that Agency's
performance under this Agreement is prohibited, or Agency is prohibited from paying
for such performance from the planned funding source;
16.2.4 Immediately upon written notice to City of Springfield, if City of Springfield is in
default under this Agreement and such default remains uncured 15 days after written
notice thereof to City of Springfield; or
16.2.5 As otherwise expressly provided in this Agreement.
16.3 City of Springfield may terminate this Agreement as follows:
16.3.1 Immediately upon written notice to Agency, if City of Springfield fails to receive
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funding, or appropriations, limitations or other expenditure authority at levels
sufficient in City of Springfield's reasonable administrative discretion, to perform its
obligations under this Agreement;
16.3.2 Immediately upon written notice to Agency, if federal or state laws, rules, regulations
or guidelines are modified or interpreted in such a way that City of Springfield's
performance under this Agreement is prohibited, or City of Springfield is prohibited
from paying for such performance from the planned funding source;
16.3.3 Immediately upon written notice to Agency, if Agency is in default under this
Agreement and such default remains uncured 15 days after written notice thereof to
Agency; or
16.3.4 As otherwise expressly provided in this Agreement.
16.4 Upon receiving a notice of termination of this Agreement, City of Springfield will immediately
cease all activities under this Agreement, unless Agency expressly directs otherwise in such
notice. Upon termination, City of Springfield will deliver to Agency all documents,
information, works -in -progress, Work Product and other property that are or would be
deliverables under the Agreement. And upon Agency's reasonable request, City of
Springfield will surrender all documents, research or objects or other tangible things needed
to complete the work that was to have been performed by City of Springfield under this
Agreement.
SECTION 17: INSURANCE
The City of Springfield shall insure, or self -insure, and be independently responsible for the risk
of its own liability for claims within the scope of the Oregon Tort Claims Act (ORS 30.260
through 30.300). Agency reserves the right to amend this Agreement to include additional
insurance requirements as deemed necessary by the State of Oregon, upon mutual agreement
by the City of Springfield.
SECTION 18: NONAPPROPRIATION
Agency's obligation to pay any amounts and otherwise perform its duties under this Agreement
is conditioned upon Agency receiving funding, appropriations, limitations, allotments, or other
expenditure authority sufficient to allow Agency, in the exercise of its reasonable administrative
discretion, to meet its obligations under this Agreement. Nothing in this Agreement may be
construed as permitting any violation of Article XI, section 7 of the Oregon Constitution or any
other law limiting the activities, liabilities, or monetary obligations of Agency.
SECTION 19: AMENDMENTS
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The terms of this Agreement may not be altered, modified, supplemented or otherwise
amended, except by written agreement of the Parties unless otherwise expressly provided
within this Agreement.
SECTION 20: NOTICE
Except as otherwise expressly provided in this Agreement, any notices to be given relating to
this Agreement must be given in writing by facsimile, email, personal delivery, or postage
prepaid mail, to a Party's Authorized Representative at the physical address, fax number or
email address set forth in this Agreement, or to such other addresses as either Parry may
indicate pursuant to this Section 20. Any notice so addressed and mailed becomes effective five
(5) days after mailing. Any notice given by personal delivery becomes effective when actually
delivered. Any notice given by email becomes effective upon the sender's receipt of
confirmation generated by the recipient's email system that the notice has been received by the
recipient's email system. Any notice given by facsimile becomes effective upon electronic
confirmation of successful transmission to the designated fax number.
SECTION 21: SURVIVAL
All rights and obligations of the Parties under this Agreement will cease upon termination of
this Agreement, other than the rights and obligations arising under Sections 8, 9, 10, 14, 15 and
21 hereof and those rights and obligations that by their express terms survive termination of
this Agreement; provided, however, that termination of this Agreement will not prejudice any
rights or obligations accrued to the Parties under this Agreement prior to termination.
SECTION 22: SEVERABILITY
The Parties agree that if any term or provision of this Agreement is declared by a court of
competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining
terms and provisions will not be affected, and the rights and obligations of the Parties will be
construed and enforced as if the Agreement did not contain the particular term or provision
held to be invalid.
SECTION 23: COUNTERPARTS
This Agreement may be executed in several counterparts, all of which when taken together
shall constitute one agreement, notwithstanding that all Parties are not signatories to the same
counterpart. Each copy of the Agreement so executed constitutes an original.
SECTION 24: COMPLIANCE WITH LAW
In connection with their activities under this Agreement, the Parties shall comply with all
applicable federal, state and local law.
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SECTION 25: INDEPENDENT CONTRACTORS
The Parties agree and acknowledge that their relationship is that of independent contracting
parties and that City of Springfield is not an officer, employee, or agent of the State of Oregon as
those terms are used in ORS 30.265 or otherwise.
SECTION 26: INTENDED BENEFICIARIES
Agency and City of Springfield are the only parties to this Agreement and are the only parties
entitled to enforce its terms. Nothing in this Agreement provides, is intended to provide, or may
be construed to provide any direct or indirect benefit or right to third persons unless such third
persons are individually identified by name herein and expressly described as intended
beneficiaries of this Agreement.
SECTION 27: FORCE MAJEURE
Neither Parry is responsible for any failure to perform or any delay in performance of any
obligations under this Agreement caused by fire, civil unrest, labor unrest, natural causes, or
war, which is beyond that Party's reasonable control. Each Party shall, however, make all
reasonable efforts to remove or eliminate such cause of failure to perform or delay in
performance and shall, upon the cessation of the cause, diligently pursue performance of its
obligations under this Agreement. Agency may terminate this Agreement upon written notice
to City of Springfield after reasonably determining that the failure or delay will likely prevent
successful performance of this Agreement.
SECTION 28: ASSIGNMENT AND SUCCESSORS IN INTEREST
City of Springfield may not assign or transfer its interest in this Agreement without the prior
written consent of Agency and any attempt by City of Springfield to assign or transfer its
interest in this Agreement without such consent will be void and of no force or effect. Agency's
consent to City of Springfield's assignment or transfer of its interest in this Agreement will not
relieve City of Springfield of any of its duties or obligations under this Agreement. The
provisions of this Agreement will be binding upon and inure to the benefit of the Parties hereto,
and their respective successors and permitted assigns. Notwithstanding the foregoing, City of
Springfield may request consent from OHCS to transfer its interest hereunder to any wholly-
owned subsidiary with at least 30 days prior written notice of any proposed transfer. As stated
above, Agency's consent to City of Springfield's assignment or transfer of its interest in this
Agreement will not relieve City of Springfield of any of its duties or obligations under this
Agreement.
SECTION 29: SUBCONTRACTS
City of Springfield shall not, without Agency's prior written consent, enter into any subcontracts
for any of the work required of City of Springfield under this Agreement. Agency's consent to
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any subcontract will not relieve City of Springfield of any of its duties or obligations under this
Agreement. City of Springfield agrees to require all subcontractors that conduct work in
conjunction with this Agreement to have the necessary insurance requirements.
SECTION 30: TIME IS OF THE ESSENCE
Time is of the essence in City of Springfield's performance of its obligations under this
Agreement.
SECTION 31: MERGER, WAIVER
This Agreement and all exhibits and attachments, if any, constitute the entire agreement
between the Parties on the subject matter hereof. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. No waiver or
consent under this Agreement binds either Party unless in writing and signed by both Parties.
Such waiver or consent, if made, is effective only in the specific instance and for the specific
purpose given. EACH PARTY, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE,
HEREBY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND
AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
SECTION 32: RECORDS MAINTENANCE AND ACCESS
City of Springfield shall maintain all financial records relating to this Agreement in accordance
with generally accepted accounting principles. In addition, City of Springfield shall maintain any
other records, books, documents, papers, plans, records of shipments and payments and
writings of City of Springfield, whether in paper, electronic or other form, that are pertinent to
this Agreement in such a manner as to clearly document City of Springfield's performance. All
financial records, other records, books, documents, papers, plans, records of shipments and
payments and writings of City of Springfield, whether in paper, electronic or other form, that are
pertinent to this Agreement, are collectively referred to as "Records." City of Springfield
acknowledges and agrees that Agency and the Oregon Secretary of State's Office and the federal
government and their duly authorized representatives will have access to all Records to
perform examinations and audits and make excerpts and transcripts. City of Springfield shall
retain and keep accessible all Records for a minimum of six (6) years, or such longer period as
may be required by applicable law, following termination of this Agreement, or until the
conclusion of any audit, controversy or litigation arising out of or related to this Agreement,
whichever date is later. Subject to foregoing minimum records retention requirement, City of
Springfield shall maintain Records in accordance with the records retention schedules set forth
in OAR Chapter 166.
SECTION 33: HEADINGS
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The headings and captions to sections of this Agreement have been inserted for identification
and reference purposes only and may not be used to construe the meaning or to interpret this
Agreement.
SECTION 34: ADDITIONAL PROVISIONS
None
Signatures continued on following page
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SECTION 35: SIGNATURES
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth
below.
STATE OF OREGON acting by and through its Oregon Housing and Community
Services Department
Emese Perfecto, Director of Homeownership
Kari Hodai, Contract Administrator
Alexis Kackley, Procurement Specialist
City of Springfield
Nancy Newton, City Manager
DEPARTMENT OF JUSTICE
Date
Date
Date
Date
REVIEWED & APPROVED
AS TO FORM
8/22/2022
DATE:
SPRINGFIELD CITY ATFORNEY'S OFFICE
Approved as to Legal Sufficiency By:_
Approved by David Berryman on 06/03/2022 Email on file
Assistant Attorney General Date
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Exhibit A
QUARTERLY PROGRESS REPORT
(Must be submitted by the end of each quarter)
Project Name I Report # 0
Reporting Dates: The month of Year
Describe t
Activities
he Project Development Activities accomplished this period:
anticipated to be accomplished next reporting period
COMPLETE THIS AREA IF CONSTRUCTION HAS NOT BEGUN
-las project schedule changed? no
any changes in the development of the project, including number of units,
:arget population, sources and uses? no
UNHIDE UNHIDE AND COMPLETE THIS AREA IF CONSTRUCTION IS IN PROCESS
Actual Date of Financial Close
Estimated Date of Construction Completion
% of Construction Activities Completed to Date
Expected Date of Startine to Market the spaces
CERTIFICATION: I certify the information to be correct and accurately reflect the progress
and status of the project.
Prepared by:
Date:
IGA 7202 — City of Springfield — Manufactured Dwelling Park Development Page 14 of 14
Attachment 1 Page 14 of 14