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2008-086 Housing - Development Agreement Consolidated Housing Plan Annual Update $200,000 Habitate for Humanity
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2008-086 Housing - Development Agreement Consolidated Housing Plan Annual Update $200,000 Habitate for Humanity
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Last modified
4/27/2011 2:32:22 PM
Creation date
6/15/2009 11:06:56 AM
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BOCC
Date
5/3/2007
Meeting Type
Regular Meeting
Document Type
Agreement
Agenda Item
4e
Document Relationships
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 units 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 last of the ten (10) units to be constructed. <br />In the event that Habitat is unable to proceed with any aspect of the Project in a timely <br />manner, and County and Habitat determine that reasonable extension(s) for completion <br />will not remedy the situation, then the Termination of Agreement provisions of this <br />Agreement (Section 6.a.) shall pertain. Habitat may, at its option, submit a written request <br />for a delay of completion for County approval. The County may, at its option, approve <br />any delay in the Project completion date or declare Habitat in default. <br />Habitat shall monitor the constructed units for affordability for the period of affordability <br />- ninety-nine (99) years. 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 assisted units, unless affordability restrictions are 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 />each of the assisted units by having recorded, at the time it sells each of the ten (10) <br />dwelling units, a "Declaration of Restrictive Covenants" (EXHIBIT A) on the Property. <br />This Declaration shall constitute and remain a first lien on the Property during the period <br />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 />each of the ten (10) dwelling uxuts in the event the homeowner purchasing the property <br />from Habitat is still the owner of the dwelling unit at the time of the rerecording and no <br />later than one day before the expiration of 30 years of the sale of the ten (10) dwelling <br />units. County retains the right to periodically and every 30 years after the first recording <br />of the Declaration of Restrictive Covenants on the Property to register, with the Register <br />• of Deeds of Orange County, a notice of preservation of the Restrictive Covenants on the <br />
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