2009-081 Housing - Habitat for Humanity of Orange County - Development Agreement effective 9-18-2009

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i. Habitat shall ensure access to records and financial statements, as necessary, to provide effective monitoring and evaluation of project performance. Additionally, Habitat shall submit a copy of its annual audit to the County. Upon reasonable advance notice, the County or its authorized representatives may from time to time inspect, audit, and make copies of any of Habitat records that relate to this contract. If any audit by the County discloses that payments to Habitat were in excess of the amount to which Habitat was entitled under this contract, Habitat shall promptly pay to the County the amount of such excess. If the excess is greater than 1% of the contract amount, Habitat shall also reimburse the County its reasonable costs incurred in performing the audit. ii. Habitat shall maintain files of all tenants, regardless of length of occupancy, residing in assisted units. Documentation shall verify eligibility for federal assisted housing at the point of initial tenancy and every subsequent year thereafter for the period of affordability: Information maintained shall include: tenant income level; name of family members; ethnic data; family type - e.g. female head of household; disability status; and monthly rent. iii. Habitat shall maintain records verifying the affordability of the dwelling units. d. Notices. Any Notice shall be in writing and shall be given by depositing the same in the United States mail, post-paid and registered or certified, and addressed to the party to be notified, with return-receipt requested, or by delivering the same in person to an officer or principal of such party. Notice deposited in the mail in the manner here in above described shall be effective upon mailing. For purposes of Notice, the addresses of the parties shall, unless changed as hereinafter provided, be as follows: To the County: Orange County c/o Housing and Community Development Department P.O. Box 8181 ' Hillsborough, NC 27278 ATTN: Director ii. To Habitat: Habitat for Humanity 1829 E. Franklin Street # 1200B Chapel Hill, NC 27514 ATTN: Executive Director Either the County or Habitat may change the person or address to which any future Notice shall be given as herein provided. e. No Assignment. No transfer or assignment of the interest of Habitat in this Agreement shall occur without the prior written consent of the County; neither may Habitat assign this Agreement without the prior written consent of the County. 7