Orange County NC Website
DocuSign Envelope ID: 65EC9D62 -7FB9- 4747- A005- FC28FEF750E3 <br />2. Other Program Requirements. CASA must carry out each activity in compliance <br />with all Federal laws and regulations described in 24 CFR, Part 92, subpart H except <br />that the subrecipient does not assume the responsibilities for environmental review or <br />intergovernmental review. <br />3. Affirmative Marketing. If HOME funds will be used for housing containing five (5) <br />or more assisted units, CASA must prepare and submit an Affirmative Marketing <br />Plan to the County. <br />4. Termination of Agreement. The full benefit of the Project will be realized only after <br />the completion of the affordability periods for the Project dwelling units. It is the <br />County's intention that the full public benefit of the Project shall be completed under <br />the auspices of CASA for the assisted unit as follows: <br />a. In the event that the CASA is unable to proceed with any aspect of the Project in a <br />timely manner, and County and the CASA determine that reasonable extension(s) <br />for completion will not remedy the situation, then CASA will retain responsibility <br />for requirements for the dwelling units assisted and County will make no further <br />payments to the CASA. <br />b. In the event that CASA, prior to the contract completion date, is unable to <br />continue to function due to, but, not limited to, dissolution or insolvency of the <br />organization, its filing a petition for bankruptcy or similar proceedings, or is <br />adjudged bankrupt or fails to comply or perform with provisions of this <br />agreement, then CASA shall, upon the County's request, convey to the County <br />the Property assisted with HOME funds. Conveyance shall be at the sole <br />discretion of County and on a Project dwelling unit by Project dwelling unit basis. <br />Conveyance shall be on the terms set forth herein: <br />Conveyance shall occur within thirty (30) days of County and CASA's <br />agreement of CASA's inability to continue as a viable organization. <br />ii. CASA shall convey the Property to the County by general warranty deed, free <br />and clear of all liens and encumbrances of record except those which create a <br />beneficial interest in County (Declaration of Restrictive Covenants and Deed <br />of Trust). <br />5. Default, Remedies. This Agreement may be terminated by a non - defaulting party <br />upon an event of default hereunder, after written notice thereof and thirty (30) days <br />grace period in which the defaulting party may act to cure. As used herein, the term <br />"an event of default" shall mean and refer to a failure or act of omission by either <br />party with respect to any undertaking, obligation, covenant or condition as set forth in <br />this Agreement. With respect to any event of default, the non - defaulting party may <br />exercise any right available to it at law or in equity with respect to such default. <br />