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S Housing- Development Agreement - Consolidated Housing Plan Annual Update $30,000 /Habitat for Humanity or Orange Co
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S Housing- Development Agreement - Consolidated Housing Plan Annual Update $30,000 /Habitat for Humanity or Orange Co
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Last modified
5/18/2010 3:26:42 PM
Creation date
6/15/2009 10:25:08 AM
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BOCC
Date
5/3/2007
Meeting Type
Regular Meeting
Document Type
Agreement
Agenda Item
4e
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Agenda - 05-03-2007-4e
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\Board of County Commissioners\BOCC Agendas\2000's\2007\Agenda - 05-03-2007
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g. Habitat is responsible for verifying the income of the homebuyers, explaining the <br />second mortgage program to potential homebuyers and certifying by written <br />documentation signed by the homebuyer that the program requirements have been fully <br />explained. Habitat shall maintain purchaser files as part of its Books and Records as <br />required and for the period of time required by Section 6.c. of this Agreement. <br />2. Progress Payments. The County shall make payments when requested by Habitat in <br />order to facilitate the purchase of project dwelling unit by eligible first-time homebuyers. <br />Copies of documentation for actual expenses shall accompany payment requests. <br />3. Time for Commencement and Completion. The Project completion date is the closing <br />date of the purchase by a qualified buyer of the unit to be constructed. In the event that <br />Habitat is unable to proceed with any aspect of the Project in a timely manner, and <br />County and Habitat determine that reasonable extension(s) for completion will not <br />remedy the situation, then the Termination of Agreement provisions of this Agreement <br />(Section 6.a.) shall pertain. Habitat may, at its option, submit a written request for a delay <br />of completion for County approval. The County may, at its option, approve any delay in <br />the Project completion date or declaze Habitat in default. <br />Habitat shall monitor the constructed unit for affordability for the period of affordability - <br />ninety-nine (99) yeass. Final contract completion date shall be the latest end date of all <br />assisted unit affordability periods. <br />In addition, Habitat agrees to furnish to the County a copy of its annual audit, performed <br />by a certified public accountant within 90 ,days of the end of the fiscal year of expenditure <br />of the HOME Program Funding. <br />4. Affordability Requirement. Each unit must remain affordable for a period of ninety- <br />nine years. Habitat retains full responsibility for compliance with the affordability <br />requirement for the assisted unit, unless affordability restrictions aze terminated due to the <br />sale of the Property to anon-qualified buyer in which .event the Resale Provisions of <br />Section 4 of this Agreement pertain. Habitat shall assure compliance with affordability of <br />assisted unit by having recorded, at the time it sells the one (1) dwelling unit, a <br />"Declazation of Restrictive Covenants" (EXHIBIT A) on the Property. This Declaration <br />shall constitute and remain a first lien on the Property during the period of affordability. <br />It is further the responsibility of Habitat to rerecord the Declaration of Restrictive <br />Covenants no later than one day before the expiration of 30 years of the date of its sale of <br />the dwelling unit in the event the homeowner purchasing the property from Habitat is still <br />the owner of the dwelling unit at the time of the rerecording and no later than one day <br />before the expiration of 30 yeass of the sale of the dwelling unit. County retains the right <br />to periodically and every 30 years after the first recording of the Declaration of <br />Restrictive Covenants on the Property to register, with the Register of Deeds of Orange <br />County, a notice of preservation of the Restrictive Covenants on the Property as provided <br />in North Cazolina General Statute § 47B-4 or any compazable preservation law in effect at <br />
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