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2013-443 Housing - Habitat for Humanity for Affordable Housing Bond Program $144,304
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2013-443 Housing - Habitat for Humanity for Affordable Housing Bond Program $144,304
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11/12/2013 3:23:32 PM
Creation date
11/12/2013 3:10:57 PM
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BOCC
Date
11/12/2013
Meeting Type
Work Session
Document Type
Agreement
Agenda Item
Mgr Signed
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2014-554 Housing - Habitat for Humanity - Amendment to Development Agreement for Affordable Housing Bond Program
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\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2014
R 2013-443 Housing - Habitat for Humanity for Affordable Housing Bond Program $144,304
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\Board of County Commissioners\Contracts and Agreements\Contract Routing Sheets\Routing Sheets\2013
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H. AMOUNT OF BOND FUNDS/LOAN TERMS <br /> The County shall make available to the Owner up to One Hundred Forty-Four Thousand Three <br /> Hundred Four Dollars ($144,304) pursuant to this Agreement. Said funds shall be disbursed by <br /> the County to the Owner for performance of the services described in Exhibit B. The Orange <br /> County Affordable Housing Bond Loan funding will be provided in the form of a direct zero <br /> interest loan deferred for a period of 30 years. Loan funds will be secured by a Deed of Trust <br /> and Promissory Note. <br /> III. LIEN POSITION <br /> Orange County hereby acknowledges that the terms and conditions of its (i)Affordable Housing <br /> Bond Development Agreement, (ii) Promissory Note and (iii) Deed of Trust and Security <br /> Agreement(collectively referred to as "Orange County Loan Documents") for the Property shall <br /> be and are expressly subordinated to the following exceptions to title that encumber the property: <br /> (1) Declaration of Restrictive Covenants recorded in Book 2186, Page 213, Orange County <br /> Registry and (2) Declaration of Restrictive Covenants, Conditions and Restrictions for Rusch <br /> Hollow Subdivision recorded in Book 3619,Page 171, Orange County Registry. <br /> IV. TIMELINESS <br /> The Owner shall complete the Project within twelve (12) months from the date of this <br /> Agreement. However, in the event of any alterations or additions or of circumstances beyond the <br /> control of the Owner, which in the opinion of the Director of the County's Department of <br /> Housing, Human Rights and Community Development will require additional time for <br /> completion of the Project, then in that case, the time of completion shall be extended by the <br /> County Manager in writing for a period of time not to exceed six (6) months. Any further <br /> extensions will require the approval of the Orange County Board of County Commissioners. <br /> V. DURATION OF THE AGREEMENT <br /> This Agreement will remain in effect for the Period of Affordability established below. <br /> VI. AFFORDABILITY REQUIREMENTS <br /> Owner agrees to lease the Project dwelling units to families whose income does not <br /> exceed 80% of the area median income by family size, as determined by the U.S. Department of <br /> Housing and Urban Development and as amended from time to time. Residential leases will not <br /> exceed one year in term. <br /> Each of the Project dwelling units must remain affordable for a period of ninety-nine <br /> years. The Owner retains full responsibility for compliance with the affordability requirement <br /> for each of the Project dwelling units, unless affordability restrictions are terminated due to the <br /> sale of the Property to a non-qualified buyer in which event the Resale Provisions of this Section <br /> of this Agreement pertain. The Owner shall assure compliance with affordability of each of the <br /> 2 <br />
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