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S Housing - Grant Consolidated Housing Plan Annual Update/HOME Program $70,000
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S Housing - Grant Consolidated Housing Plan Annual Update/HOME Program $70,000
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Last modified
4/27/2011 2:23:42 PM
Creation date
5/18/2010 3:11:47 PM
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BOCC
Date
5/3/2007
Meeting Type
Regular Meeting
Document Type
Grant
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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• NOW, THEREFORE, in consideration of the mutual covenants, promises, and <br />representations contained herein, it is agreed between the parties hereto as follows: <br />1. OCHLT agrees to acquire the project dwelling unit and lease it in the following manner. <br />a. OCHLT shall acquire and renovate the dwelling unit defined in the Project, <br />obtain all permits and licenses necessary to construct the home on the Property, and <br />comply with applicable building and zoning ordinances and the N.C. Housing Finance <br />Agency Energy Standazds. The Project shall be undertaken without residential <br />displacement. <br />b. OCHLT shall lease a housing unit, as herein defined, in the renovated dwelling <br />unit to a qualified buyer whose income is up to but no more than 80% of the azea median <br />household income by family size, as determined by the U.S. Department of Housing and <br />Urban Development at the time of the sale. <br />c. The period of affordability will be at least 99 yeazs and will be secured by a <br />OCHLT Ground Lease of the housing unit with restrictions to ensure compliance. <br />Further security shall be in the form of a Declaration of Restrictive Covenants that will <br />make the County a third party beneficiary of and successor to the long term affordability <br />remedies in the Ground Lease in the event of a failure of or inability of OCHLT to <br />enforce the long term affordability remedies in the Ground Lease. <br />i d. OCHLT is responsible for soliciting an OCHLT Ground Lease tenant for the <br />housing unit. OCHLT and/or the Ground Lease tenant shall be responsible for securing <br />permanent mortgage financing for the housing unit. <br />e. OCHLT is responsible for verifying the income of the Ground Lease tenant, <br />explaining the land trust program and the OCHLT Ground Lease to the potential tenant <br />and certifying by written documentation signed by the tenant that the program <br />requirements have been fully explained. OCHLT shall maintain purchaser files as part of <br />its Books and Records as required and for the period of time required by Section 7.c. of <br />this Agreement. <br />2. At the time of resale of the project dwelling unit, OCHLT will convey a housing unit to <br />qualified homebuyer. Each housing unit will consist of a 99 year Ground Lease <br />(renewable for an additional 99 yeazs) to the project dwelling unit. The Ground Lease, <br />the form of which is Exhibit C hereto, provides for the long term affordability (at least <br />99 yeazs) of the housing unit and provides remedies to insure the long term affordability <br />of the housing unit. OCHLT hereby declazes and covenants, on behalf of itself and all <br />future owners of the Property, that, during the term of this Declaaation, the County is a <br />third party beneficiary of and successor to each and every remedy intended to insure the <br />long term affordability of the housing unit that is provided for in the Ground Lease and <br />may, in the event of the failure or default of the Lessor in the Ground Lease to insure the <br />long term affordability of the housing unit as provided for in the Ground Lease, exercise <br />• all rights and remedies available to the Lessor in the Ground Lease for that purpose. <br />2 <br />
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