Orange County NC Website
f. Habitat is responsible for soliciting buyers for the dwelling units constructed on <br />the Property. Habitat and/or its buyers shall be responsible for securing permanent <br />mortgage financing for the homes built on the Property. <br />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 development of the project infrastructure. Copies of documentation <br />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 20 units to be constructed. In <br />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-nine <br />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 twenty (20) dwelling units, "Declarations of Restrictive Covenants" on the <br />Property recorded at Book 3936, Page 434, Orange County Registry ,and at Book 3936, <br />Page 465, Orange County Registry. These Declarations constitute and shall remain a first <br />lien on the Property during the period 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 20 dwelling units in the event the homeowner purchasing the property from <br />Habitat is still the owner of the dwelling unit at the time of the rerecording and no later <br />3 <br />