Agenda - 10-24-2006-1 - Laserfiche WebLink

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3~, NORTH CAROLINA ORANGE COUNTY AMENDMENT TO DEVELOPMENT AGREEMENT This is the second amendment to the February 24; 2003 AGREEMENT ("the Development Agreement") between ORANGE COUNTY, a general local government unit of the State of North Carolina ("County" or "the County") and HABITAT FOR HUMANITY OF ORANGE COUNTY, NC, INC., a North Carolina non-profit housing organization ("Habitat"). The effective date of this amendment is WITNESSETH WHEREAS, the County and Habitat entered into the Development Agreement and amended the Development Agreement on May 17, 2005; and WHEREAS, the Development Agreement as amended calls for the acquisition of a 17.17 acre parcel of land on Sunrise Road, Chapel Hill, NC by Habitat for the Project ("the Project property"); and WHEREAS, the Project property has been acquired and Habitat has submitted a Concept Plan to the Town of Chapel Hill for Town approval of its site specific development proposal.for the construction of the Project dwelling units ("the Concept Plan"); and WHEREAS, Habitat has provided a copy of the Concept Plan to the County. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, it is agreed between the parties hereto as follows: 1. The Development Agreement as amended is further amended to incorporate into it by reference the Concept Plan, a copy of which is attached hereto. Any part of the Development Agreement as amended which refers to or incorporates a different plan for the development and construction of the Project is amended to conform such different plan to the Concept Plan. 2. Should the site specific development plan of the Project which receives final approval from the Town of Chapel Hill substantially. different from the Concept Pian, Habitat shall submit the Project as finally approved by the Town to the County for its approval before construction work is commenced on the Project. A substantially different plan is, for purposes of this Development Agreement, one which decreases the number of Project dwelling units to a number less than 25 or changes the type of dwelling units to be constructed as part of the Project.