2019-879-E Housing - EmPOWERment mobile home park initiative

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ORANGE COUNTY MANUFACTURED HOME PARK INITIATIVE DEVELOPMENT AGREEMENT TO TRANSFER MANUFACTURED HOMES NORTH CAROLINA This is an AGREEMENT between Orange County, a body politic and corporate of the State of North Carolina (hereinafter, the “County”) and EmPOWERment, Inc., a North Carolina non-profit corporation (hereinafter, the “Owner” or “EmPOWERment”). The effective date of this Agreement is _____November 14, 2019_______________. WITNESSTH WHEREAS, the County and EmPOWERment entered into an Affordable Housing Land Banking/Manufactured Home Park Initiative Development Agreement effective March 23, 2018 (“2018 Agreement”) whereby the County awarded EmPOWERment funds in the amount of $280,600 to provide relocation coordination and other associated services, including securing new or near-new manufactured homes and associated rental lots (“the Project”); and WHEREAS, Exhibit A, Scope of Services, to the 2018 Agreement provided that, in the event the County purchased the needed new or near-new manufactured home units due to time constraints, the County would transfer ownership of the purchased units to EmPOWERment to perform the activities described in the Original Agreement; and WHEREAS, the County purchased two manufactured home units, identified by Serial Numbers CWP039084TN and CWP039085TN pursuant to the Original Agreement, at a cost of $166,057; and WHEREAS, on June 18, 2019, by Resolution 2019-046, the Orange County Board of County Commissioners determined that it was in the public interest to convey the manufactured home units to EmPOWERment for the price of one dollar ($1.00) with the covenant that EmPOWERment shall rent the manufactured homes to low income families earning up to 80% of the HUD area median income, including entering into lease-purchase agreements with eligible tenant families to facilitate homeownership by persons of low or moderate income in Orange County, pursuant to Orange County’s Displacement Mitigation Assistance Program (“D-MAP”). Tenants participating in D-MAP’s lease-purchase component shall spend no more than thirty percent (30%) of their total household income on the purchase of the unit. EmPOWERment shall further covenant to return to Orange County on a monthly basis all payments made by tenants who will be purchasing their replacement manufactured home unit under the lease-purchase component of the D-MAP, not including the monthly maintenance fee or lot rental fee; and WHEREAS, EmPOWERment agrees to utilize the manufactured homes in accordance with the D-MAP and covenants outlined in the Orange County Board of County Commissioner’s Resolution 2019- 046; and WHEREAS, notwithstanding any provision of this Agreement, the County and EmPOWERment hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of an environmental review, as applicable. The parties further agree that the provision of such funds to the DocuSign Envelope ID: D30731DD-899C-4474-9F67-CBE9A191E199