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06/07/2010 Council Packet
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06/07/2010 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
06/07/2010
Council Meeting Type
Work Session Regular
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ADDENDUM TO EXHIBIT C <br />TO COMMITMENT/CARRYOVER ALLOCATION AGREEMENT <br />I. SPECIAL CONDI'T'IONS. Paragraph 1(a) of Exhibit C of this Combination <br />Commitment and Carryover Allocation Agreement, dated December 28, 1994, is deleted and <br />replaced with the following provisions. <br />This Agreement is contingent upon the following: <br />Restriction. At least fifty percent (50 %) of the Project units shall be <br />accessible as provided under Minnesota Rules, chapter 1340 and at least twenty -four <br />of the Project units shall be set aside and rented to persons with physical disabilities. <br />For purposes of this Exhibit C, the provisions set forth in this Addendum shall be <br />referred to as the 'Restriction." <br />II. DEFINTIIONS. <br />A. Definition of "Physically Disabled." For purposes of the Restriction, the term <br />"Physically Disabled" shall mean as follows: <br />1. General Rule. A person who is Physically Disabled within the meaning <br />of the Americans with Disability Act (the "ADA "), 42 U.S.C. § 12102(2), and the <br />regulations promulgated thereunder, including 29 C.F.R. § 1630.2(g), and such <br />physical disability is permanent. <br />a. Statutory Definition. Under the ADA, a person is Physically <br />Disabled if he or she has a physical impairment that substantially limits one <br />or more of the major life activities of such individual. 42 U.S.C. § 12102(2).__ <br />b. Definition of Physical Impairment. A physical impairment means <br />any physiological disorder or condition, cosmetic disfigurement, or anatomical <br />loss affecting one or more of the following body systems: neurological, <br />musculoskeletal, special sense organs, respiratory (including speech organs), <br />cardiovascular, reproductive, digestive, genito- urinary, hernic and lymphatic, <br />skin, and endocrine. 29 C.F.R. § I630.2(h). <br />2• Supplemental Standard. A person shall also be considered "Physically <br />Disabled" for purposes of the Restriction if the person is "a physically disabled <br />person" within the meaning of Minn. Stat. § 169.345, Subd. 2, and such physical <br />disability is permanent. <br />C -1 <br />
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