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Each application shall be accompanied by an affidavit substantially in the form set forth below:

(1) This application of the Applicant is submitted by the undersigned who has been duly authorized to make the representations within on behalf of the Applicant and certifies the representations are true and correct.

(2) The Applicant recognizes that all representations are binding on it and that material misrepresentations or omissions, or failure to adhere to any such representation may result in a denial of a CFAR franchise application by the City.

(3) Consent is hereby given to the City, its officers, employees, representatives and agents to make inquiry into the legal, character, technical, financial and other qualifications of the Applicant by contacting any persons or organizations named herein as references, or by any other appropriate means.

(4) The Applicant recognizes that information submitted is open to public inspection and subject to the Oregon Public Records Law.

City has advised the Applicant to be familiar with the Oregon Public Records Law, and the Applicant has specifically identified any information it considers proprietary.

(5) In the event that the City receives a request from another party to disclose any information which the Applicant has deemed proprietary, the City will tender to the Applicant the defense of any request to compel disclosure.

(6) By submitting information which the Applicant deems proprietary or otherwise exempt from disclosure, the Applicant agrees to defend and hold harmless the City from any claim for disclosure including but not limited to any expenses including out-of-pocket costs and attorneys’ fees, as well as any judgment entered against the City for the costs and fees including attorney fees of the party requesting disclosure.

All Affidavits shall bear the notarized signature of Applicant’s authorized representative.

[Added Sec. 4, Ord. No. 2007-78, Apr. 19, 2007.]