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t <br /> 2 - <br /> NORTH CAROLINA AMENDMENT#1 <br /> ORANGE COUNTY DEVELOPMENT AGREEMENT <br /> This is an AGREEMENT AMENDMENT between ORANGE COUNTY, a general local <br /> governmental unit of the State of North Carolina, (hereinafter referred to as the"County")and Habitat <br /> for Humanity of Orange Co.,NC, Inc.,a North Carolina nonprofit corporation (hereinafter referred <br /> to as "Habitat"). The date of this Agreement Amendment is <br /> WITNESSETH <br /> WHEREAS, Habitat owns a parcel of approximately 4.67 acres located in the Cheeks <br /> Township of Orange County more particularly described in Exhibit A attached hereto and made a <br /> part of this Agreement(hereinafter referred to as the "Property"); and hereinafter referred to as "the <br /> Property"; and <br /> WHEREAS, Habitat desires to improve the Property by constructing homeownership <br /> opportunities for first-time homebuyers, in accordance with all applicable legal requirements and <br /> the Charter and Bylaws of Habitat, for sale to low and moderate income families; and <br /> WHEREAS, Orange County desires to participate in this project and has received a <br /> Community Development Block Grant (CDBG) from the N.C. Department of Commerce <br /> Division of Community Assistance (DCA) in the amount of$145,750 to be used for the provision <br /> of public water and sewer and street paving on the Property; and <br /> WHEREAS, the County, entered into a Development Agreement with Habitat for Humanity <br /> of Orange County,NC, Inc. on June 2, 1997; <br /> NOW, THEREFORE, the County and Habitat for Humanity of Orange County, NC, Inc. <br /> agree that Paragraph 2 is amended to read as follows: <br /> 2. Habitat further agrees to construct no fewer than five (5) houses for low and moderate <br /> income families and complete sales of the homes by July 8, 1998. With prior approval <br /> from DCA, this commitment, as to the time to complete sales of the homes, may be <br /> partially waived by the County, if failure to meet the commitment is determined to be due <br /> to events beyond the control of the Deyele"e' Habitat including, but not limited to, an <br /> unfavorable, unforeseeable occurrences of severe economic conditions and where such <br /> waiver will not substantially affect the project as described in the application. <br /> IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have set their hands <br /> and seals on the day and year first above written. <br />