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HomeMy WebLinkAboutAgenda - 01-19-1999 - 8g_r k ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. J ACTION AGENDA ITEM ABSTRACT Meeting Date: January 19, 1999 SUBJECT: HOME Program - Creel Street DEPARTMENT: Housing and Community Development PUBLIC HEARING: (Y/N) BUDGET AMENDMENT: (Y/N ) ATTACHMENT(S): INFORMATION CONTACT: Agreement Amendment Tara L. Fikes TELEPHONE NUMBERS: - - eat. 2490 Hillsborough 732 -8181 Chapel Hill 968 -4501 Durham 688 -7331 Mebane 227 -2031 PURPOSE: To approve an amendment to the Development Agreement with EmPOWERment, Inc. for the Creel Street property and authorize the Chair to execute a Development Agreement with this agency on behalf of the Orange County HOME Consortium. BACKGROUND: In 1993, the Orange County HOME Consortium provided $16,000 in HOME funds to the Orange Community Housing Corporation to purchase a vacant lot on Creel Street in the Pine Knolls community with plans to build a house for a first time homebuyer. The Orange Community Housing Corporation (OCHC) had not been able to develop this property. EmPOWERment, Inc. expressed an interest and willingness to develop the property. In November 1997, the BOCC approved the Development Agreement with EmPOWERment, Inc. which specified that this lot would be developed and the house sold within 12 months or by December 31, 1998. According to EmPOWERment, this project has not been completed to date because they were working on other projects for which first -time homebuyer families had been identified previously. There was not a family identified for the Creel Street lot and an organizational concern of "spreading themselves thin" with too many projects occurring concurrently, thus, construction at this lot did not begin prior to the deadline. Nonetheless, EmPOWERment has indicated the present capacity and commitment to complete this job in consideration of their current workload. Thus, the HOME Program Council is recommending a time extension of six months or until June 30, 1999. This time extension requires an amendment to the original agreement which must be approved by the Board of County Commissioners on behalf of the Orange County HOME Consortium. RECOMMENDATION(S): The Manager recommends approval of an amendment to the Development Agreement with EmPOWERment, Inc. for the Creel Street property and authorize the Chair to execute the Amendment with this agency on behalf of the Orange County HOME Consortium. I r- NORTH CAROLINA ORANGE COUNTY DEVELOPMENT AGREEMENT This is an AGREEMENT AMENDMENT between ORANGE COUNTY, a general local governmental unit of the State of North Carolina, (hereinafter referred to as the "County") and EmPOWERment, Inc., a North Carolina nonprofit corporation (hereinafter referred to as "EmPOWERment'). The date of this Agreement is January 19, 1999. WITNESSETH WHEREAS, the Orange County HOME Consortium has expended $16,000 in FY 1992 HOME funds for the purpose of acquiring the property more particularly described in Exhibit A attached hereto and made a part of this Agreement (hereinafter referred to as the "Property"); and WHEREAS, the County is the lead entity of the Orange HOME Consortium, so designated in an agreement dated August 27, 1992, and amended January 26, 1993, and July 28, 1993, and as such is the lead entity in a representative capacity for all members of the Orange HOME Consortium for the purposes of carving out the HOME Program in accordance with the Title II of the Cranston - Gonzalez National Affordable Housing Act (Pub. L. 101 -625), (42 U.S.C. 3535(d.) et. seg.) (hereinafter referred to as the "Act "), and as further defined in the Federal Program Requirements provided by the U.S. Department of Housing and Urban Development; and WHEREAS, EmPOWERment intends to develop the Property for the purpose of constructing homeownership opportunities for first -time homebuyers; WHEREAS, the County, entered into a Development Agreement with EmPOWERment, Inc. on November 18, 1997; NOW, THEREFORE, the County and EmPOWERment, Inc. agree that Paragraph 2 is amended to read as follows: EmPOWERment agrees to accept conveyance of the Property and then to market the Property, construct a single family home on the Property for the selected buyer and complete the sale of the Property to the selected buyer on or before June 30, 1999. The sales price of the Property to the selected buyer shall not exceed the North Carolina Housing Financing Agency maximum new home sales price in effect at the time of the sale to the selected buyer. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have set their hands and seals on the day and year first above written. (SEAL) ATTEST: COUNTY OF ORANGE, NORTH CAROLINA Alice Gordon, Chair Orange County Board of Commissioners Beverly A. Blythe Clerk to the Board of Commissioners NORTH CAROLINA ORANGE COUNTY This is to certify that on this day personally came before me Beverly A. Blythe, with whom I am personally acquainted, and being by me duly sworn, says that Alice Gordon, is the Chairman of the Orange County Board of Commissioners, and that she the said Beverly A. Blythe, is the Clerk to the Board of Commissioners of the County of Orange, the body politic and corporate named within and which executed the foregoing instrument; that she knows the common seal of said County; that the seal affixed to said instrument is said common seal; that the name of Orange County was subscribed thereto by the said Chairman of the Orange County Board of Commissioners and that the said Chairman of the Orange County Board of Commissioners and said Beverly A. Blythe subscribed their names hereto and said common seal was affixed, all by order of the Board of County Commissioners of Orange County and that said instrument is the act and deed of Orange County. Witness my hand and notarial seal, this the day of 1999. Notary Public My commission expires: j EmPOWERment, Inc. (SEAL) , President Board of Directors ATTEST: , Secretary Board of Directors NORTH CAROLINA ORANGE COUNTY I, , Notary Public in and for the above named County and State, do hereby certify that on this day personally appeared before me , with whom I am personally acquainted, who, being by me duly sworn, says that he is Secretary and that is President of EmPOWERment, Inc., a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested to by its Secretary. Witness my hand and notarial seal, this the day of Notary Public My commission expires: 1999. -/Y -P/F "54� NORTH CAROLINA ORANGE COUNTY DEVELOPMENT AGREEMENT This is an AGREEMENT ADMENDMENT between ORANGE COUNTY, a general local governmental unit of the State of North Carolina, (hereinafter referred to as the "County ") and EmPOWERment, Inc., a North Carolina nonprofit corporation (hereinafter referred to as "EmPOWERment "). The date of this Agreement is January 19, 1999. WITNESSETH WHEREAS, the Orange County HOME Consortium has expended $16,000 in FY 1992 HOME funds for the purpose of acquiring the property more particularly described in Exhibit A attached hereto and made a part of this Agreement (hereinafter referred to as the "Property "); and WHEREAS, the County is the lead entity of the Orange HOME Consortium, so designated in an agreement dated August 27, 1992, and amended January 26, 1993, and July 28, 1993, and as such is the lead entity in a representative capacity for all members of the Orange HOME Consortium for the purposes of carrying out the HOME Program in accordance with the Title II of the Cranston - Gonzalez National Affordable Housing Act (Pub. L. 101 -625), (42 U.S.C. 3535(d.) et. sec..) (hereinafter referred to as the "Act "), and as further defined in the Federal Program Requirements provided by the U.S. Department of Housing and Urban Development; and WHEREAS, EmPOWERment intends to develop the Property for the purpose of constructing homeownership opportunities for first -time homebuyers. WHERAS, the County entered into a Development Agreement with EmPOWERment, Inc. on November 18,1997; NOW, THEREFORE, the County and EmPowerment agree that Paragraph 2 is amended to read as follows: 1. EmPOWERment agrees to accept conveyance of the Property and then to market the Property, construct a single family home on the Property for the selected buyer and complete the sale of the Property to the selected buyer on or before June 30, 1999. The sales price of the Property to the selected buyer shall not exceed the North Carolina Housing Financing Agency maximum new home sales price in effect at the time of the sale to the selected buyer. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have set their hands and seals on the day and year first above written. COUNTY OF ORANGE, NORTH CAROLINA Alice M. Gordon, Chairman Orange County Board of Commissioners ATTEST: IA-""�I' '�g Beverly A. BI e Clerk to the Board of Commissioners NORTH CAROLINA ORANGE COUNTY This is to certify that on this day personally came before me Beverly A. Blythe, with whom I am personally acquainted, and being by me duly sworn, says that Alice M. Gordon, is the Chairman of the Orange County Board of Commissioners, and that she the said Beverly A. Blythe, is the Clerk to the Board of Commissioners of the County of Orange, the body politic and corporate named within and which executed the foregoing instrument; that she knows the common seal of said County; that the seal affixed to said instrument is said common seal; that the name of Orange County was subscribed thereto by the said Chairman of the Orange County Board of Commissioners and that the said Chairman of the Orange County Board of Commissioners and said Beverly A. Blythe subscribed their names hereto and said common seal was affixed, all by order of the Board of County Commissioners of Orange County and that said instrument is the act and deed of Orange County. Witness my hand and notarial seal, this the `/)* day of , a 1999. My commission expires: /O -3 - 99 2 Wiii. _ C, • Public EmPOWERment, Inc. (SEAL) President Board of Directors ATTEST: Secretary Board of Directors NORTH CAROLINA ORANGE COUNTY I Notary Public in and for the above named County and StatQ,0 do hereby certify that on this day personally appeared before me anQ_ Aern , with whom I am perspnally acquainted, who, being by me duly sworn, says thatshe is Secretary and that is President of EmPOWERment, Inc., a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested to by its Secretary. Witness my hand and notarial seal, this the 29 lday of O-An LA 1999. t4 E NoT.Ffi'sz- Notary Pub is PUBLIC My commission expires: 1