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2018-621-E Housing - EmPOWERment Terrell Road
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2018-621-E Housing - EmPOWERment Terrell Road
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Last modified
9/28/2018 10:16:14 AM
Creation date
9/27/2018 2:22:18 PM
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Template:
Contract
Date
9/21/2018
Contract Starting Date
9/21/2018
Contract Ending Date
9/20/2117
Contract Document Type
Agreement
Amount
$46,500.00
Document Relationships
2018-640-E Housing - Empowerment development agreement amendment
(Message)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2018
R 2018-621 Housing - EmPOWERment Terrell Road
(Attachment)
Path:
\Board of County Commissioners\Contracts and Agreements\Contract Routing Sheets\Routing Sheets\2018
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<br /> <br />V. DURATION OF THE AGREEMENT <br /> <br />This Agreement will remain in effect for the Period of Affordability as provided in Section VI, <br />Affordability Requirements. <br /> <br />VI. AFFORDABILITY REQUIREMENTS <br /> <br />A. Period of Affordability <br /> <br />1. Owner agrees to lease the Project dwelling unit to a veteran whose family’s income is <br />less than 60% of the area median income throughout the Period of Affordability, <br />which is ninety-nine (99) years. Area Median Income by family size is determined <br />by the U.S. Department of Housing and Urban Development and amended from time <br />to time. Residential leases will not exceed one year in term. <br /> <br />2. The Project dwelling unit must remain affordable during the Period of Affordability. <br />Owner retains full responsibility for compliance with the affordability requirement for <br />the Project dwelling unit. Owner shall assure compliance with affordability of the <br />Project dwelling unit on the Property by having recorded a Declaration of Restrictive <br />Covenants (“Declaration”) on the Property, the form of which is attached as Exhibit <br />D and hereby incorporated into this Agreement. This Declaration shall constitute and <br />remain a lien on the Property during the Period of Affordability. <br /> <br />3. Owner agrees to the Affordability Requirements as provided herein and the Resale <br />Provisions provided in the Exhibit D, Declaration of Restrictive Covenants, Section <br />4B. <br /> <br />4. It is further the responsibility of Owner to rerecord the Declaration periodically and <br />no less often than one day less than every 30 years from the date hereof for the <br />purpose of renewing the rights of first refusal in the Property or portion thereof <br />including any leasehold interest in the Property or portion thereof. Orange County <br />retains the right to, periodically and every 30 years after the first recording of the <br />Declaration on the Property to register, with the Register of Deeds of Orange County, <br />a notice of preservation of the Restrictive Covenants on the Property as provided in <br />North Carolina General Statute § 47B-4 or any comparable preservation law in effect <br />at the time of the recording of the notice of preservation. It is the intent of this <br />Agreement that the Project remain affordable throughout the entire duration of this <br />Declaration and that any future Owner of the Property, Owner, and Orange County <br />will do what is necessary to ensure that the same is not extinguished by N.C. Gen. <br />Stat. § 41-29 or any comparable law purporting to extinguish, by the passage of time, <br />preemptive rights in the Property and by the Real Property Marketable Title Act or <br />any comparable law purporting to extinguish, by the passage of time, non possessory <br />interests in real property. Any Owner, future Owner and Orange County agree to do <br />what each must do to accomplish the 99-year duration of this Declaration of <br />Restrictive Covenants. <br />DocuSign Envelope ID: 1DB0D1D0-6B1C-4086-81CB-264D8410FEAB
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