Orange County NC Website
7 <br />I. HOME funds invested in affordable housing shall be repaid if the housing does not meet <br />the affordability requirements of Section 92.252 and Section 92.254 of the Regulations or <br />if the housing ceases to qualify as affordable housing before the period of affordability <br />expires. If HUD, in accordance with Section 92.503 of the Regulations, requires OHC to <br />repay HOME funds awarded, the County and Towns agree that the payments will be <br />made in accordance with the formula specified in Paragraph H of this Section. <br />J. Any repayment of HOME funds, loans or other program income generated from funds <br />received through the HOME Program, shall be returned to the HOME Investment Trust <br />Fund established by the Lead Entity and reallocated by the OHC Program Council during <br />the next HOME program design process following receipt of the repayments or other <br />program income, to the extent allowed by the Regulations and Federal Program <br />Requirements. <br />K. The County and Towns agree to comply with all Regulations, Federal Program <br />Requirements, and OHC HOME program design features and requirements. <br />L. This Agreement shall be executed by the appropriate officers of the County and Towns <br />pursuant to authority granted them by their governing bodies. <br />M. To the maximum extent permitted by law, each Town which is a party to this Agreement <br />shall indemnify and hold hazmless the Counly and other Towns, and their officers, <br />officials, and employees, from and against any and all costs, damages, liabilities, claims, <br />losses, judgments or expenses, including reasonable attorneys fees, azising in any manner <br />from or as a result of any activities by or on behalf of the Towns under this Agreement <br />other than as provided for in Paragraph I of this Section, provided, however, that nothing <br />in this paragraph indemnifies and holds harmless the County and other Towns from and <br />against any costs, damages, liabilities, claims, losses, judgments or expenses, including <br />reasonable attorneys fees, arising in any manner from or as a result of negligent acts or <br />omissions of the County, and other Towns or their officers, officials, and employees,. <br />Likewise, the County shall indemnify and hold harmless the Towns, and the Towns' <br />officers, officials, and employees, from and against any and all costs, damages, liabilities, <br />claims, losses, ,judgments or expenses, including reasonable attorneys fees, arising in any <br />manner from or as a result of any activities by or on behalf of the County under this <br />Agreement other than as provided for in Paragraph I of this Section, provided, however, <br />that nothing in this paragraph indemnifies and holds harmless the Towns from and <br />against any costs, damages, liabilities, claims, losses, ,judgments or expenses, including <br />reasonable attorneys fees, arising in any manner from or as a result of negligent acts or <br />omissions of the Towns, or the Town's officers, officials, and employees. <br />N. The County and Towns certify that they will adhere to all federal and state regulations <br />pertaining to the disposition of real property, if any real property is acquired by the <br />County or Towns with funds authorized under the Federal HOME Program <br />Requirements. <br />7 <br />