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S Grant Agreement Housing Trust Fund – Approve Transfer of Appropriation
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S Grant Agreement Housing Trust Fund – Approve Transfer of Appropriation
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Last modified
7/11/2017 11:38:40 AM
Creation date
4/3/2012 2:34:51 PM
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BOCC
Date
6/4/2002
Meeting Type
Regular Meeting
Document Type
Agreement
Agenda Item
8j
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Agenda - 06-04-2002 - 8j
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\Board of County Commissioners\BOCC Agendas\2000's\2002\Agenda - 06-04-2002
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6. Property Standards. HOME assisted units must, at a minimum, meet the housing <br /> quality standards of the HOME program 24 CFR 982.401. In addition, HOME assisted <br /> units must meet all applicable local codes, ordinances, and zoning ordinances. <br /> The housing must meet the accessibility requirements in the regulations referenced 24. <br /> CFR 5.105 (a) which implement the Fair Housing Act and Section 504 of the <br /> Rehabilitation Act of 1973. <br /> 7. Miscellaneous Provisions. <br /> a. Termination of Agreement. The full benefit of the Project will be realized only <br /> after the completion of the affordability periods for the property constructed with HOME funds <br /> provides an affordable unit to a low-income family. It is the County's intention that the full <br /> public benefit of this project shall be completed under the auspices of OCHLT for the assisted <br /> unit as follows: <br /> i. In the event that OCHLT is unable to proceed with any aspect of the Project in a <br /> timely manner, and County and OCHLT determine that reasonable extension(s) for <br /> completion will not remedy the situation, then OCHLT will retain responsibility for <br /> requirements for any dwelling unit assisted and County will make no further <br /> payments to OCHLT. <br /> ii. In the event that OCHLT, prior to the contract completion date, is unable to continue <br /> to function due to, but, not limited to, dissolution or insolvency of the organization, <br /> its filing a petition for bankruptcy or similar proceedings, or is adjudged bankrupt or <br /> fails to;romply or perform with provisions of this agreement, then OCHLT shall, <br /> upon the County's request, convey to the County the property assisted with funds. <br /> Conveyance shall be at the sole discretion of County and on a dwelling unit by <br /> dwelling unit basis. <br /> Conveyance of property shall be on the terms set forth herein: <br /> Conveyance of property shall occur within thirty (30) days of County and OCHLT's <br /> agreement of OCHLT's inability to continue as a viable organization. OCHLT shall <br /> convey the subject property to the County by general warranty deed, free and clear of <br /> all liens and encumbrances of record except those which create a beneficial interest in <br /> County (Declaration of Restrictive Covenants). <br /> b. Default, Remedies. This Agreement may be terminated by a non-defaulting <br /> party upon an event of default hereunder, after written notice thereof and thirty (30) days grace <br /> period in which the defaulting party may act to cure. As used herein, the term "an event of <br /> default" 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 /> 2 <br />
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