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2001 NS Housing - Impact Fee Reimbursement Agreement
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2001 NS Housing - Impact Fee Reimbursement Agreement
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Last modified
10/31/2012 9:23:00 AM
Creation date
10/15/2012 4:51:15 PM
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BOCC
Date
6/19/2001
Meeting Type
Regular Meeting
Document Type
Agreement
Agenda Item
8q
Document Relationships
Agenda - 06-19-2001-8q
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\Board of County Commissioners\BOCC Agendas\2000's\2001\Agenda - 06-19-2001
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10 <br /> shall execute, acknowledge and deliver such further instruments reasonably necessary or desired <br /> by the County to carry out more effectively the purposes of this Agreement or any other <br /> document related to the transactions contemplated hereby, and to subject to the liens and security <br /> interests hereof and thereof all or any part of the Mortgaged Property intended to be given or <br /> conveyed hereunder or thereunder, whether now given or conveyed or acquired and conveyed <br /> subsequent to the date of this Agreement. <br /> 4.12 The County's Advances for Performance of the Affordable Housing Owner's <br /> Obligations. If the affordable housing owner fails to perform any of its obligations under this <br /> Agreement, the County is hereby authorized, but not obligated, to perform such obligation or <br /> cause it to be performed. All expenditures incurred by the County (including any advancement of <br /> funds for payment of taxes, insurance premiums or other costs of maintaining the Mortgaged <br /> Property, and any associated legal or other expenses), together with interest thereon at an annual <br /> rate equal to 10%, shall be secured as Additional Payments under this Agreement. The affordable <br /> housing owner promises to pay all such amounts to the County immediately upon demand. <br /> . 4.13 Taxes and Other Governmental Charges. The affordable housing owner shall <br /> pay, as Additional Payments, the full amount of all taxes, assessments and other governmental <br /> charges lawfully made by any governmental body during the term of this Agreement. With <br /> respect to special assessments or other governmental charges which may be lawfully paid in <br /> installments over a period of years, the affordable housing owner shall be obligated to provide <br /> for Additional Payments only for such installments as are required to be paid during the <br /> Agreement term. The affordable housing owner shall not allow any liens for taxes, assessments <br /> or governmental charges with respect to the Mortgaged Property or any portion thereof to <br /> become delinquent (including, without limitation, any taxes levied upon the Mortgaged Property <br /> or any portion thereof which, if not paid, will become a charge on any interest in the Mortgaged <br /> Property, including the County's interest, or the rentals and revenues derived therefrom or <br /> hereunder). <br /> 4.14 Other Covenants. <br /> (a) The affordable housing owner will use the Mortgaged Property for housing for <br /> families earning up to 80% of HUD area median income for a period of ninety-nine years after <br /> the date of this Agreement. <br /> (b) The affordable housing owner may sell, transfer or exchange the Mortgaged <br /> Property to a non-profit fund, foundation or corporation of like purpose which is organized and <br /> operating exclusively for charitable and educational purposes and which has established its tax <br /> exempt status under Section 501 (c)(3) of the Internal Revenue Code, or to the County; provided, <br /> however, the affordable housing owner shall obtain the written agreement, in form satisfactory to <br /> the County, of any buyer or successor or other person acquiring the Mortgaged Property or any <br /> interest therein, that such acquisition is subject to the requirements of this Agreement. The <br /> affordable housing owner agrees that the County may void any sale, transfer or exchange of the <br /> Mortgaged Property or any portion thereof if the buyer or successor or other person fails to <br /> assume in writing the requirements of this Agreement. <br /> 10 <br />
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