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2016-470 Housing - Weaver Community Housing Assoc. - Development Agreement
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2016-470 Housing - Weaver Community Housing Assoc. - Development Agreement
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Last modified
8/31/2016 2:39:14 PM
Creation date
8/31/2016 2:36:38 PM
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Template:
BOCC
Date
8/31/2016
Meeting Type
Work Session
Document Type
Agreement
Agenda Item
Manager signed
Amount
$30,374.00
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R 2016-470 Housing - Weaver Community Housing Assoc. - Development Agreement
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\Board of County Commissioners\Contracts and Agreements\Contract Routing Sheets\Routing Sheets\2016
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D. Owner acknowledges that the primary purpose for requiring compliance by Owner with <br /> restrictions provided in this Declaration is to assure compliance with the affordability <br /> requirements of Orange County and the HOME Investment Partnership Program, AND <br /> BY REASON THEREOF, OWNER IN CONSIDERATION FOR RECEIVING HOME <br /> INVESTMENT PARTNERSHIP PROGRAM FUNDS FOR THE PROPERTY <br /> HEREBY AGREES AND CONSENTS THAT ORANGE COUNTY SHALL BE <br /> ENTITLED, FOR ANY BREACH OF THE PROVISIONS HEREIN, AND IN <br /> ADDITION TO ALL OTHER REMEDIES PROVIDED BY LAW OR IN EQUITY, TO <br /> ENFORCE BY SPECIFIC PERFORMANCE OWNER'S OBLIGATIONS UNDER <br /> THIS DECLARATION IN A STATE COURT OF COMPETENT JURISDICTION, <br /> WITH VENUE IN ORANGE COUNTY. Owner hereby further specifically <br /> acknowledges that the beneficiaries of Owner's obligations hereunder cannot be <br /> adequately compensated by monetary damages in the event of any default hereunder. <br /> E. This Declaration may be enforced by Orange County or its designee in the event Owner fails <br /> to satisfy any of the requirements of this Declaration by proceedings at law or in equity <br /> against any person or persons violating or attempting to violate any covenant. If legal costs <br /> are incurred by Orange County, such legal costs, including attorney fees and court costs <br /> (including costs of appeal), are the responsibility of, and may be recovered from the Owner. <br /> SECTION 6 MISCELLANEOUS <br /> A. Severability. The invalidity of any clause, part, or provision of this Declaration shall not <br /> affect the validity of the remaining portions thereof. <br /> B. Notices. Any Notice shall be in writing and shall be given by depositing the same in the <br /> United States mail, post-paid and registered or certified, and addressed to the party to be <br /> notified, with return-receipt requested,or by delivering the same in person to an officer or <br /> principal of such party. Notice deposited in the mail in the manner hereinabove <br /> described shall be effective upon mailing. For purposes of Notice, the addresses of the <br /> parties shall,unless changed as hereinafter provided, be as follows: <br /> i. To the County: Orange County <br /> c/o Housing and Community Development <br /> Department <br /> P.O. Box 8181 <br /> Hillsborough,NC 27278 <br /> ATTN: Director <br /> ii. To Owner: Weaver Community Housing Association <br /> 703-A North Greensboro Street <br /> Carrboro,NC 27510 <br /> ATTN: President, Board of Directors <br />
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