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10/02/97 THU 17:06 FAX 16122889400 HOLMES&GALEY,LTD fQ011 - <br /> The Manager, will have complete control over the selection of residents, so long <br /> as the MHOP priorities and all federal and state laws are followed. The MPHA <br /> will promptly and continuously refer all Minneapolis applicants for the <br /> replacement MHOP Units to the Manager. If the referral system results in no <br /> eligible and suitable tenant with Consent Decree priorities, the unit can be filled <br /> with other applicants on the waiting list. The City and the MPHA shall provide <br /> HUD a certification, in the form attached hereto as Exhibit A, certifying that its <br /> waiting list procedures will conform with applicable law and regulations. <br /> V. POST CONSTRUCTION DUTIES. As a part of the HUD close-out requirements with <br /> respect to the MHOP Units,the following responsibilities will be assigned: <br /> A. The MPHA shall designate the End of the Initial Operating Period ("EIOP") and <br /> shall coordinate the inclusion of the MHOP Units in the MPHA Annual Operating <br /> Budget. <br /> B. Within 12 months of EIOP, the MPHA shall gather information and provide HUD <br /> with the Actual Development Cost Certificate ("ADCC"). <br /> C. The MPHA shall be responsible for the preparation of an audit by an independent <br /> public accountant as a part of its submission of the ADCC. The City shall provide <br /> such information as is in its possession or can be reasonably obtained in order to <br /> assist the MPHA with such audit. <br /> D. The MPHA shall monitor the Partnership procedures and results in screening <br /> applicants provided from the waiting lists and report the results thereof to HUD as <br /> may be requested or required. <br /> VI. TAX CERTIFICATIONS <br /> The MPHA shall annually certify to the appropriate assessing officials the number of <br /> MHOP units located within Silver Lake, pursuant to Minnesota Statutes, Section <br /> 469.040, subdivision 4. <br /> VII. OPERATING SUBSIDY. Under the ACC, HUD contracts to provide an operating <br /> subsidy to the MPHA for all units subject to the ACC, which will include these MT-TOP <br /> Units. It is therefore necessary to establish a methodology by which the MPHA will pay <br /> operating subsidy to the Partnership, as owner of the MHOP Units. That system, to be <br /> described more fully in a Regulatory and Operating Agreement between the MPHA and <br /> the Partnership,will be generally as follows: <br /> A. As used in this Section VII, the following terms shall have the following <br /> meanings: <br /> 1. "Allowed Project Expenses" means all necessary and reasonable operating • <br /> expenses of Silver Lake for any period, including: <br /> D:\MNNI25\01 I\DOCS\INI IAI..DOC 4 INITIAL AGREEMENT <br /> MPHA/CITY OF MOUNDS VIEW <br /> SILVER LAKE DEVELOPMENT <br />