2020-2023 Shelter in Place Subrecipient Agreement combined (2)

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Agreement 2020-2023 Shelter in Place SR Page 06 F. Amendments The Local Government or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Local Government’s governing body. Such amendments will not invalidate this Agreement, nor relieve or release the Local Government or Subrecipient from its obligations under this Agreement. G. Ownership If any of the funds granted under this Contract are used for property acquisition and or capital improvements, the Contractor agrees and will ensure that the real property or properties will solely be used to provide emergency housing for low-income households as defined under RCW 43.185A.010 (6), except during State of Emergency related to the COVID-19 outbreak described in the Proclamation by the Governor, 20-05 or similar states of emergency. Use of funds under this Contract are subject to the requirements of 2020 ESSB 6168 (Chapter 357, Laws of 2020), Section 127,subsection (85). If a housing provider organization other than the Contractor will own the property, all amounts used for property acquisitions and or capital improvements shall be evidenced by promissory notes, deeds of trust, and low-income restrictive covenants running with the land in favor of the Contractor for at least ten (10) years starting from the time the property is ready for occupancy by the intended population (the “Commitment Period”). The Contractor will be responsible for monitoring the property or properties to ensure compliance with its low-income restrictive covenant during the Commitment Period. If the Contractor will own the property, all amounts used for property acquisitions and or capital improvements shall be evidenced by promissory notes, deeds of trust, and low-income restrictive covenants running with the land in favor of the Department for at least ten (10) years starting from the time the property is ready for occupancy by the intended population. Each deed of trust and low-income restrictive covenant shall be recorded at the county or counties in which the property or properties are located. The Contractor will make a good faith effort not to incur costs reimbursable under this Contract in excess of what is reasonable given market prices, balanced by the need to act promptly to procure and operate housing and provide services necessary to respond to the State of Emergency. COMMERCE reserves the right to decline reimbursement of costs deemed excessive in COMMERCE’s discretion. H. Termination for Cause In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to