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S Housing-Development Agreement - Consolidated Housing $70,000 Empowerment Inc-
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S Housing-Development Agreement - Consolidated Housing $70,000 Empowerment Inc-
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Last modified
8/13/2012 3:41:25 PM
Creation date
6/15/2009 11:10:26 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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continue to function due to, but, not limited to, dissolution or insolvency of the <br />organization, its filing a petition for bankruptcy or similar proceedings, or is adjudged <br />bankrupt or fails to comply or perform with provisions of this agreement, then <br />EmPOWERment shall, upon the County's request, convey to the County the Property <br />assisted with HOME funds. Conveyance shall be at the sole discretion of County. <br />Conveyance shall be on the terms set forth herein: <br />Conveyance shall occur within thirty (30) days of County and EmPOWERment's <br />agreement oi` EmPOWERment inability to continue. as a viable organization. <br />EmPOWERment shall convey the Property to the County by general warranty deed, <br />free and clear of all liens and encumbrances of record except those which create a <br />beneficial interest in County Declaration of Restrictive Covenants and the County's <br />Deed of Trust. <br />e. Default Remedies. This Agreement may be terminated by anon-defaulting party <br />upon an event of default hereunder, after written notice thereof and thirty (30) days grace period <br />in which the defaulting party may act to cure. As used herein, the term "an event of default"~ <br />shall mean and refer to a failure or act of omission by either party with respect to any <br />undertaking, obligation, covenant or condition as set forth in this Agreement. With respect to <br />any event of default, the non-defaulting party may exercise any right available to it at law or in <br />equity with respect to such default. <br />f. Books and Records. EmPOWERment shall maintain records of its grant <br />requirements under this contract for a period of not less than five (5) full fiscal years following <br />the contract completion date. <br />i. EmPOWERment shall ensure access to records and financial statements, as <br />necessary, to provide effective monitoring and evaluation of project performance. <br />Additionally, EmPOWERment shall submit a copy of its annual audit to the County. <br />Upon reasonable advance notice, County or its authorized representatives may from time <br />to time inspect, audit, and make copies of any of EmPOWERment records that relate to <br />this contract. If any audit by County discloses that payments to EmPOWERment were in <br />excess of the amount to which EmPOWERment was entitled under this contract, <br />EmPOWERment shall promptly pay to County the amount of such excess. If the excess <br />is greater than 1% of the contract amount, EmPOWERment shall also reimburse County <br />its reasonable costs incurred in performing the audit. <br />ii. EmPOWERment shall maintain files of all tenants, regardless of length of <br />occupancy, residing in the assisted unit. Documentation shall verify eligibility for federal <br />assisted housing at the point of initial tenancy and every subsequent year thereafter for <br />the period of affordability. Information maintained shall include: tenant income level; <br />name of family members; ethnic data; family type - e.g. female head of household; <br />disability status; and monthly rent. <br />
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