2020-234-E Housing - EmPOWERment Inc. Hillmont development agreement

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DocuSign Envelope ID:002619DF-54F2-4EEA-B4A8-14714544BAC0 3. Affirmative Marketing. If HOME funds will be used for housing containing five (5) or more assisted units, The Owner must prepare and submit an Affirmative Marketing Plan to the County. 4. Termination of Agreement. The full benefit of the Project will be realized only after the completion of the affordability periods for the Project dwelling units. It is the County's intention that the full public benefit of the Project shall be completed under the auspices of the Owner for the assisted unit as follows: a. In the event that the Owner is unable to proceed with any aspect of the Project in a timely manner, and County and the Owner determine that reasonable extension(s) for completion will not remedy the situation, then The Owner will retain responsibility for requirements for the dwelling unit assisted and County will make no further payments to the Owner. b. In the event that the Owner, prior to the contract completion date, is unable to continue to function due to, but, not limited to, dissolution or insolvency of the organization, its filing a petition for bankruptcy or similar proceedings, or is adjudged bankrupt or fails to comply or perform with provisions of this agreement, then the Owner shall,upon the County's request,convey to the County the Property assisted with HOME funds. Conveyance shall be at the sole discretion of County and on a Project dwelling unit by Project dwelling unit basis. Conveyance shall be on the terms set forth herein: i. Conveyance shall occur within thirty (30) days of County and the Owner's agreement of the Owner's inability to continue as a viable organization. ii. The Owner shall convey the Property to the County by general warranty deed, free and clear of all liens and encumbrances of record except those which create a beneficial interest in County(Declaration of Restrictive Covenants). 5. Default, Remedies. This Agreement may be terminated by a non-defaulting party upon an event of default hereunder, after written notice thereof and thirty (30) days grace period in which the defaulting party may act to cure. As used herein, the term "an event of default" shall mean and refer to a failure or act of omission by either party with respect to any undertaking, obligation, covenant or condition as set forth in this Agreement. With respect to any event of default,the non-defaulting party may exercise any right available to it at law or in equity with respect to such default.Notwithstanding and in addition to the above, in accordance with 24 CFR 85.43,this Agreement may be suspended or terminated by the County if Owner materially fails to comply with any term of the Agreement. Remedies for breach of the provisions of this Agreement include but are not limited to repayment of any funds deemed to be expended in an ineligible manner. Repayment of HOME fund is required if the housing does not meet the affordability requirements for the Period of Affordability.