2009-111 Housing - Housing for New Hope, Inc. - Consolidated Housing Plan Annual Update/HOME Program Housing

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7~ NORTH CAROLINA ORANGE COUNTY HOME PROGRAM AGREEMENT This is an AGREEMENT between Orange County, a general local governmental unit of the State of North Carolina, (hereinafter referred to as the "County") and HOUSING FOR NEW HOPE, INC., a North Carolina non-profit housing organization (hereinafter referred to as "Provider"). The effective date of this Agreement is Q.~ ~ 13 ~ 2Q i o WITNESSTH WHEREAS, the Orange County Board of Commissioners awarded the Provider $50,000 in FY 2009 HOME Investment Partnership Program funding to provide tenant-based rental assistance to homeless individuals and families transitioning to permanent housing in Orange County; and WHEREAS, the County is the lead entity of the Orange HOME Consortium, so designated in an agreement dated July 1, 2008, and as such is the lead entity in a representative capacity for all members of the Orange HOME Consortium for the purposes of carrying out the HOME Program in accordance with the Title II of the Cranston-Gonzalez National Affordable Housing Act (Pub. L. 101-625), (42 U.S.C. 3535(d.) et. seq.) (hereinafter referred to as the "Act"), and as further defined in the Federal Program Requirements provided by the U.S. Department of Housing and Urban Development; and WHEREAS, the Provider intends to provide tenant based rental assistance approximately 25 families (herein after referred to as "the Project") leasing permanent, standard housing in Orange County; and WHEREAS, the Provider intends to assist individuals and/or families earning up to 30% of HUD area median income as described in their FY 2009 HOME Program Proposal dated February 27, 2009 which is hereby incorporated into this Agreement, and hereafter referred to as "The Project". A copy of the FY 2009 HOME Program Proposal is on file in the office of the Housing and Community Development Department; and WHEREAS, notwithstanding any provision of this Agreement, the County and the Provider hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of an environmental review and receipt by Orange County of a Release of Funds from the U.S. Department of Housing and Urban Development under 24 CFR Part §58 if applicable. The parties further agree that the provision of such funds to the project is conditioned on Orange County's determination to proceed with, modify, or cancel the project based on the results of a subsequent environmental review.