Orange County NC Website
2 . Other Program Requirements . The Grantee must carry out each activity in <br /> compliance with all Federal laws and regulations described in 24 CFR, Part 92 , <br /> subpart H except that the subrecipient does not assume the responsibilities for <br /> environmental review or intergovernmental review . <br /> 3 . Affirmative Marketing. If HOME funds will be used for housing containing five ( 5 ) <br /> or more assisted units , The Grantee must prepare and submit an Affirmative <br /> Marketing 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 unit . It is the <br /> County' s intention that the full public benefit of the Project shall be completed under <br /> the auspices of the Grantee for the assisted unit as follows : <br /> 1 . In the event that the Grantee is unable to proceed with any aspect of the Project in <br /> a timely manner, and County and the Grantee determine that reasonable <br /> extension( s) for completion will not remedy the situation, then The Grantee will <br /> retain responsibility for requirements for the dwelling unit assisted and County <br /> will make no further payments to the Grantee . <br /> 2 . In the event that the Grantee, 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 the Grantee shall , upon the County ' s request, convey to the <br /> County the Property assisted with 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 /> i . Conveyance shall occur within thirty (30 ) days of County and the Grantee' s <br /> agreement of the Grantee ' s inability to continue as a viable organization . <br /> 11 . The Grantee shall convey the Property to the County by general warranty <br /> deed, free and clear of all liens and encumbrances of record except those <br /> which create a beneficial interest in County (Declaration of Restrictive <br /> Covenants and Deed 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 /> 7 <br />