2020-244-E Housing - Empowerment MHP development agreement amendment

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DocuSign Envelope ID:6DC1ED22-B276-4193-B1F9-548B6AFFC7C5 ORANGE COUNTY AMENDMENT TO AFFORDABLE HOUSING LAND BANKING/MANUFACTURED HOME PARK INITIATIVE DEVELOPMENT AGREEMENT NORTH CAROLINA THIS AMENDMENT, made and entered into this the _11_ day of March , 2020, by and between the County of Orange, a body politic and corporate of the State of North Carolina, ("County"), and EmPOWERment, Inc. ("Provider"); WITNESSETH: WHEREAS, the County and Provider entered into an Affordable Housing Land Banking/Manufactured Home Park Initiative Development Agreement effective March 23, 2018 ("Original Agreement") whereby the County awarded the Provider 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, CWP039085TN,and CWP039516TN pursuant to the Original Agreement, at a cost of$213,699.25; and WHEREAS, the Original Agreement provided twelve (12) months for completion of the Project, which time could be extended in writing by the County Manager for an additional period not to exceed twelve (12) months in the event of any alterations or additions or of circumstances beyond the control of the Provider which in the opinion of the Director of Housing and Community Development require additional time for completion of the Project; and WHEREAS, it is the opinion of the Director of Housing and Community Development that alterations, additions, or circumstances beyond Provider's control require additional time for completion of the Project; and WHEREAS, County and Provider desire to amend the Original Agreement by revising the amount of funds available under the Original Agreement and by extending the term of the Original Agreement twelve (12) months, pursuant Section III. Time for Commencement and Completion of the Original Agreement while keeping in effect all terms and conditions of the Original Agreement not inconsistent with the terms and conditions set forth below. NOW THEREFORE, for and in consideration for the mutual covenants and agreements made herein, the parties agree to amend the Original Agreement as follows: II. AMOUNT OF FUNDS/LOAN TERMS. The County shall make available to Owner Project Funds in the amount of up to Sixty-Six Thousand Nine Hundred and 75/100 ($66,900.75) at an interest rate of zero perfect pursuant to this Agreement. Said funds shall be disbursed by the County to Owner for the performance of the services described in Exhibit A. IV. DURATION OF THE AGREEMENT. This Agreement shall remain in effect for a period of two (2) years. The Project shall be completed by March 23, 2020, unless extended by the Orange County Board of County Commissioners pursuant to Section III of this Agreement. Except for the changes made to Section 11. Amount of Funds/Loan Terms and Section IV. Duration of the Agreement herein, the Original Agreement shall remain in full force and effect to the extent it is not inconsistent with this Amendment. In the event that there is a conflict between the Original Agreement and this Amendment, this Amendment shall control. Revised 12/18