HomeMy WebLinkAbout2010-034 Housing - Home Program Agreement Community Alternatives for Supportive AbodesNORTH CAROLINA
ORANGE COUNTY
HOME PROGRAM AGREEMENT
This is an AGREEMENT between Orange County, a general local governmental unit of
the State of North Carolina, (hereinafter referred to as the "County") and COMMUNITY
ALTERNATIVES FOR SUPPPORTIVE ABODES, a North" Carolina non-profit housing
orga 'zat'on (hereinafter referred to as "Owner"). The effective date of this Agreement is
WITNESSTH
WHEREAS, the Orange County Board of Commissioners awarded the Owner $162,000
in FY 2009 HOME Investment Partnership Program funding to assist in the rehabilitation of
rental property; and
WHEREAS, the Orange County Board of Commissioners also awarded the Owner
$153,937 in Community Development Program Income to assist with the rehabilitation of the
rental property and to establish a maintenance and operating reserve for the properties; and
WHEREAS, the County is the lead entity of the Orange HOME Consortium, so
designated in an agreement dated July 1, 2008, 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. seq.) (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, the Owner intends to repair 17 dwelling units (herein after referred to as
"the Project dwelling units" or "the Project") that are located on properties more particularly
described in EXHIBIT A attached hereto and made a part of this Agreement (hereinafter referred
to as "the Property"); and
WHEREAS, the Owner intends to make the Project dwelling units available for lease to
families earning up to 50% of HUD area median income as described in their FY 2009 HOME
Program Proposal dated February 27, 2009 which is hereby incorporated into this Agreement,
and hereafter referred to as "The Project". A copy of the FY 2009 HOME Program Proposal is
on file in the office of the Housing and Community Development Department; and
WHEREAS, notwithstanding any provision of this Agreement, the County and the
Owner 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 and receipt by Orange County of a Release
of Funds from the U.S. Department of Housing and Urban Development under 24 CFR Part §58
if applicable. The parties further agree that the provision of such funds to the project is
conditioned on Orange County's determination to proceed with, modify, or cancel the project
based on the results of a subsequent environmental review.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations
contained herein, it is agreed between the parties hereto as follows:
I. USE OF HOME FUNDS
1. The Owner shall perform the projects or tasks related to its allocation of HOME funds as
provided in Exhibit B and within the proposed budget outlined in Exhibit C. Exhibits B and C
are hereby made a part of this Agreement and are incorporated by reference, as it now reads or as
it may be modified by the parties.
2. The Owner may not request disbursement of funds under this Agreement until the funds
are needed for payment of eligible costs. The amount of each request must be limited to eligible
costs as determined by Orange County staff.
II. AMOUNT OF HOME FUNDS/FORM OF SUBSIDY
The County shall make available to the Owner up to One Hundred Sixty-two thousand Dollars
($162,000) pursuant to this Agreement. Said funds shall be disbursed by the County to the
Owner for performance of the services described in Exhibit B. HOME Program subsidy will be
provided as a grant to each subject property as a fixed subsidy.
III. USE OF COUNTY FUNDS
1. The Owner shall perform the projects or tasks within the proposed budget outlined in
Attachment D. Attachment D is hereby made a part of this Agreement and is incorporated by
reference, as it now reads or as it may be modified by the parties.
2. The Owner may not request disbursement of funds under this Agreement until the funds
are needed for payment of eligible costs. The amount of each request must be limited to eligible
costs as determined by Orange County staff.
IV. AMOUNT OF COUNTY FUNDS/F'ORM OF SUBSIDY
The County shall make available to the Owner up to One Hundred Twenty-five Thousand
Dollars ($125,000) pursuant to this Agreement. Said funds shall be disbursed by the County to
the Owner for performance of the services as provided in Exhibit D. County funds will be
provided as a grant to each subject property.
V. TIMELINESS
The Owner shall complete the Project within twelve (12) months from the date of this
Agreement. However, in the event of any alterations or additions or of circumstances beyond the
control of the Owner, which in the opinion of the Director of the County's Department of
Housing and Community Development will require additional time for completion of the Project,
then in that case, the time of completion shall be extended by the County Manager in writing for
a period of time not to exceed six (6) months. Any further extensions will require the approval
of the Orange County Board of County Commissioners.
VI. DURATION OF THE AGREEMENT
This Agreement will remain in effect for the Period of Affordability established below.
VII. .AFFORDABILITY REQUIREMENTS
Owner agrees to lease the Project dwelling units to families whose income does not
exceed 50% of the area median income by family size, as determined by the U.S. Department of
Housing and Urban Development and as amended from time to time. Monthly rents must not
exceed the HOME Program Rents in effect at the time of occupancy. Residential leases will not
exceed one year in term.
Each of the Project dwelling units must remain affordable for a period of ninety-nine
years. The Owner retains full responsibility for compliance with the affordability requirement
for each of the Project dwelling units, unless affordability restrictions are terminated due to the
sale of the Property to anon-qualified buyer in which event the Resale Provisions of Section 3 of
this Agreement pertain. The Owner shall assure compliance with affordability of each of the
Project dwelling units as provided in the Declaration on the Property. This Declaration shall
constitute and remain a first lien on the Property during the period of affordability.
It is further the responsibility of the Owner to rerecord the Declaration of Restrictive
Covenants periodically and no less often than one day less than every 30 years from the date
hereof for the purpose of renewing the rights of first refusal in the Property or portion thereof
including any leasehold interest in the Property or portion thereof. Orange County retains the
right to, periodically and every 30 years after the first recording of the Declaration of Restrictive
Covenants on the Property to register, with the Register of Deeds of Orange County, a notice of
preservation of the Restrictive Covenants on the Property as provided in North Carolina General
Statute § 47B-4 or any comparable preservation law in effect at the time of the recording of the
notice of preservation. It is the intent of this Agreement that the 99 year duration of this
Declaration of Restrictive Covenants be accomplished and that any future owner of the Property,
Owner, and Orange County will do what is necessary to ensure that the same is not extinguished
by N.C. Gen. Stat. § 41-29 or any comparable law purporting to extinguish, by the passage of
time, preemptive rights in the Property and by the Real Property Marketable Title Act or any
comparable law purporting to extinguish, by the passage of time, non possessory interests in real
property. Any future owner, Owner and Orange County agree to do what each must do to
accomplish the 99-year duration of this Declaration of Restrictive Covenants.
Resale Provisions
The Owner shall assure compliance with affordability of each of the Project dwelling units
through the Declaration of Restrictive Covenants. The Declaration of Restrictive Covenants
shall include at least the following elements in their resale provisions for the Improvements:
If Owner no longer uses the Property as rental property or is unable to continue ownership, then
the Owner must sell, transfer, or otherwise dispose of its interest in the Property only to an
agency with similar interest in affordable housing and serve families with incomes not exceeding
50% of the area median household income by family size, as determined by the U.S. Department
of Housing and Urban Development at the time of the transfer. The non-profit fund, foundation,
or corporation of like purposes must have established its tax-exempt status under Section 501 (c)
(3) of the Internal Revenue Code.
However, if the Property is sold, transferred, or otherwise disposed of to other than an agency
with similar interest in affordable housing during the term of affordability, the Right of First
Refusal provision of the County's Long-Term Housing Affordability Policy must be followed
and the net sales proceeds (sales price less: (1) selling cost, (2) the unpaid principal amount of
the original first mortgage and (3) the unpaid principal amount of the initial County contribution
and any other initial government contribution secured by a deferred payment promissory note
and deed of trust) or "equity" will be divided 50/50 by the seller of the Property and the County.
The resale provision shall remain in effect for the full affordability period - 99 years.
VIII. OWNER PERFORMANCE UNDER THIS AGREEMENT
Owner agrees and authorizes the County and HUD to conduct on-site reviews, examine client
and contractor records, client applications and to conduct any other procedures or practices to
assure compliance with these provisions.
Owner agrees to not violate any State or Federal laws, rules or regulations regarding a direct or
indirect illegal interest on the part of any employee or elected official of the Owner in the Project
or payments made pursuant to this Agreement.
Owner agrees that to the best of its knowledge, neither the Project nor the funds provided
therefore, and the personnel employed in the administration of the program shall be in any way
or to any extent engaged in the conduct of political activities in contravention of Chapter 15 of
Title 5, United States Code, referred to as the Hatch Act.
Owner shall adopt the audit requirements of the Office of Management and Budget (hereinafter
"OMB") Circular A-110, "Grants and Agreements with Institutions of Higher Education,
Hospitals, and Other Nonprofit Organizations," and Circular A-122, "Cost Principles for
Nonprofit Organizations," and OMB Circular A-133, "Audits of Institutions of Higher Education
and. Other Non-Profit Institutions." Owner shall submit to the County copy of said audit report.
Owner shall permit the authorized representatives of the County, HUD and the Comptroller
a
General of the United States to inspect and audit all data and reports of the Owner relating to its
performance under the Agreement.
County shall provide, upon request, copies of all laws, regulations and orders cited in this
Agreement.
Owner and County shall at all times observe and comply with Title 24 CFR Part 92 and all
applicable laws, ordinances or regulations of the Federal, State, County, and local government,
which may in any manner affect the performance of this Agreement, and Owner shall perform all
acts with responsibility to the County in the same manner as the County is required to perform
all acts with responsibility to the Federal government.
Owner hereby assures and certifies that it will comply with the regulations, policies, guidelines
and requirements with respect to the acceptance and use of HOME funds in accordance with the
Act and the policies of the County as applicable to the HOME Program. Also, Owner certifies
with respect to the Project that:
1. The Project will be conducted and administered in compliance with:
Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352, 42 U.S.C. Sec 2000d et seq.) and
implementing regulations issued at 24 CFR Part I;
Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-208, 42 U.S.C. Sec 2000d at seq.), as
amended; and that the Owner will administer all programs and activities related to housing and
community development in a manner to affirmatively further fair housing;
Section 109 of the Housing and Community Development Act of 1974, as amended; and the
regulations issued pursuant hereto;
Section 3 of the Housing and Urban Development Act of 1968, as amended;
Executive Order 11246-Equal Opportunity, as amended by Executive Orders l 1375 and 12086,
and implementing regulations issued at 41 CFR Chapter 60;
Executive Order 11063-Equal Opportunity in Housing, as amended by Executive Order 12259,
and implementing regulations at 24 CFR Part 107;
Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and implementing
regulations when published in effect;
The Age Discrimination Act of 1975 (Pub. L. 94135), as amended, and implementing regulations
when published for effect;
The Fair Housing Act (42 U.S.C. 3601-20);
2. The Owner's notification, inspection, testing and abatement procedures concerning lead-
based paint will comply with Title 24 CFR 92.355 and 24 CFR Part 35. Verification of lead work
shall be on file for each participant.
IX. ADMINISTRATION AND REPORTING REQUIREMENTS
A. Owner shall administer the HOME funds in conformance with the regulations, policies,
guidelines and requirements of Title 24 CFR 92, Part 85 and OMB Circular number A-110, A-
122, and A-133, as they relate to the acceptance and use of Federal funds for the Project.
Owner shall submit all required information to the County demonstrating its compliance with
applicable laws, rules and regulations, as specified in this Agreement; further, Owner shall
submit to the County a quarterly Progress Report no later than the fifth day of the months of
January, April; July; October until the activity has been reported completed.
Miscellaneous Provisions
a. Uniform Administrative Requirements. The Owner must comply with the
applicable uniform administrative requirements of 24 CFR §92.505.
b. Other Program Requirements. The Owner must carry out each activity in
compliance with all Federal laws and regulations described in 24 CFR, Part 92, subpart H except
that the subrecipient does not assume the responsibilities for environmental review or
intergovernmental review.
c. 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.
d. Termination of Agreement. The full benefit of the Project will be realized only
after the completion of the affordability periods for all 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 units as follows:
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 any
dwelling units assisted and County will make no further payments to the Owner.
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:
Conveyance shall occur within thirty (30) days of County and The Owner' agreement of the
Owner' inability to continue as a viable organization. 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
and Deed of Trust).
e. Default, Remedies. This Agreement may be terminated by anon-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.
£ Books and Records. The Owner shall maintain records of its grant requirements
under this contract for a period of not less than five (5) full fiscal years following the contract
completion date.
i. The Owner shall ensure access to records and financial statements, as necessary,
to provide effective monitoring and evaluation of project performance. Additionally, The Owner
shall submit a copy of its annual audit to the County.
ii. Upon reasonable advance notice, County or its authorized representatives may
from time to time inspect, audit, and make copies of any of The Owner records that relate to this
contract. If any audit by County discloses that payments to The Owner were in excess of the
amount to which The Owner was entitled under this contract, The Owner shall promptly pay to
County the amount of such excess. If the excess is greater than 1 % of the contract amount, The
Owner shall also reimburse County its reasonable costs incurred in performing the audit.
iii. The Owner shall maintain files of all tenants, regardless of length of occupancy,
residing in assisted units. Documentation shall verify eligibility for federal assisted housing at
the point of initial tenancy and every subsequent year thereafter for the period of affordability.
Information maintained shall include: tenant income level; name of family members; ethnic data;
family type - e.g. female head of household; disability status; and monthly rent.
iv. The Owner shall maintain records verifying the affordability of the dwelling units.
g. Notices. Any Notice shall be in writing and shall be given by depositing the same
in the United States mail, post-paid and registered or certified, and addressed to the party to be
notified, with return-receipt requested, or by delivering the same in person to an officer or
principal of such party. Notice deposited in the mail in the manner here in above described shall
be effective upon mailing. For purposes of Notice, the addresses of the parties shall, unless
changed as hereinafter provided, be as follows:
To the County: Orange County
c/o Housing and Community Development
Department
P.O. BOX 8181
Hillsborough, NC 27278
ATTN: Director
ii. To The Owner: Community Alternatives for Supportive Abodes
c/o Executive Director
P.O. Box 12545
Raleigh, NC 27605-2545
Either the County or The Owner may change the person or address to which any future Notice
shall be given as herein provided.
h. No Assignment. No transfer or assignment of the interest of The Owner in this
Agreement shall occur without the prior written consent of the County; neither may The Owner
assign this Agreement without the prior written consent of County.
i. Conflict of Interest. The Owner agrees to abide by the provisions of 24 CFR
570.61 I with respect to conflicts of interest, and covenants that it presently has no financial
interest and shall acquire any financial interest, direct or indirect, that would conflict in any
manner or degree with the performance of services required under this Agreement. The Owner
further covenants that in performance of this Agreement no person having such a financial
interest shall be employed or retained by The Owner hereunder. These conflicts of interest
provisions apply to any person who is an employee, agent, consultant, or elected official or
appointed official of the County, or any designated public agencies or subrecipients that are
receiving funds under the County HOME Investment Partnership Program.
j. Binding Effect. This Agreement shall be binding upon and shall inure to the
benefit of the parties hereto and their respective successors and assigns.
k. Indemnification. To the extent legally possible, The Owner shall indemnify and
hold County, its officers, agents, and employees, harmless from and against any and all claims,
actions, liabilities, costs, including attorney fees and other costs of defense, arising out of or in
any way related to any act or failure to act by The Owner, its employees, agents, officers, and
contractors in connection with this contract. In the event any such action or claim is brought
against County, The Owner shall, upon County's tender, defend the same at The Owner' sole
cost and expense, promptly satisfy any judgment adverse to County or to County and The Owner
jointly, and reimburse County for any loss, cost, damage, or expense, including attorney fees
suffered or incurred by County.
1. Subcontracting. The Owner shall not subcontract work under this Agreement, in
whole or in part, without the County's prior written approval. The Owner shall require any
approved subcontractor to agree, as to the portion subcontracted, to comply with all applicable
federal, state, and local laws, rules, ordinances, and regulations at all times and in the
performance of the work and to comply with all applicable obligations of The Owner specified in
this contract. Notwithstanding County's approval of a subcontractor, The Owner shall remain
obligated for full performance of this contract and County shall incur no obligation to any
subcontractor The Owner shall indemnify, defend, and hold County harmless from all claims of
its contractors.
m. No Joint Venture or Agency. The County and The Owner each agree and
acknowledge that nothing contained herein or otherwise, including, without limitation, any act of
the County or The Owner under this Agreement, shall be deemed or construed to create any
relationship of joint venture, partnership or agency between the parties.
n. Effect of Waiver or Forbearance. No failure by the County to insist upon the
strict performance of any term or condition of this Agreement, or to exercise any right or remedy
upon the breach by The Owner of any of its obligations, agreements, or covenants hereunder,
shall be a waiver of such affected term or condition or of such breach; nor shall any forbearance
by the County to seek a remedy for any breach by The Owner be a waiver by the County of its
rights and remedies with respect to that or any other breach.
o. Governing Law. This Agreement shall be construed in accordance with and
governed by the laws of the State of North Carolina. Any litigation arising out of this Agreement
shall be brought in courts sitting in North Carolina, with venue in Orange County.
p. Severability. The provisions of this Agreement are independent of and separable
from each other, and no provision shall be affected or rendered invalid or unenforceable by the
fact that for any reason any other provision may be invalid or unenforceable in whole or in part.
If any provision of this Agreement or the application thereof to any person or circumstances
shall, to any extent, be or become invalid or unenforceable, the remainder of this Agreement, or
the application of such provision to persons or circumstances other than those as to which it is
held invalid or unenforceable, shall not be affected thereby, and each provision of this
Agreement shall be valid and be enforced to the fullest extent permitted by law. The County and
The Owner agree to substitute for such provision of this Agreement or the application thereof
determined to be invalid or unenforceable, such other provision as most closely approximates, in
a lawful manner, such invalid, illegal or unenforceable provision. If the County and The Owner
cannot agree, they shall apply to a court of competent jurisdiction to substitute such provision as
the court deems reasonable and judicially valid, legal and enforceable. Such provision
determined by the court shall automatically be deemed part of this Agreement ab initio.
q. Equal Opportunity. The Owner shall not discriminate against any employee or
applicant for employment because of race, color, religion, sex, national origin, political
affiliation or belief, age, handicap, or familial status in the implementation of the Project.
r. Headings. Headings are for convenience only and shall not be used to interpret or
construe its provision.
s. Gender; Singular and Plural. As used herein, the neuter gender includes the
feminine and masculine. The masculine includes the feminine and neuter, and the feminine
includes the masculine and neuter and each includes a corporation, partnership or other legal
entity when the context so requires. The singular number includes the plural and vice versa,
whenever the context so requires.
t. Recording. The parties hereto agree that upon notice to the other and at its own
cost and expense, a party may record this Agreement in the Office of Register of Deeds for
Orange County.
u. Compliance with Laws. To the extent applicable, each party hereto agrees to
comply with all laws, ordinances and regulations affecting the Property from and after the date
hereof. Without limiting the generality of the foregoing, The Owner shall comply with all
federal, state and local laws, regulations and ordinances applicable to the expenditure of funds
provided by the County, to purchase and develop the Property.
v. Publicity; Signage. The Owner agrees to provide such publicity with respect to
the County's participation in the development of the Property as the County shall reasonably
require. Any signage at the Property shall acknowledge the County's role and contribution.
w. Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original but all of which together shall constitute on and the
same instrument.
x. No Third Party Rights. The parties hereto covenant and agree that nothing
contained in this Agreement or any act by the County or The Owner shall be deemed or
construed by the parties or any third party to create any relationship of third party beneficiary,
including third parry principal or agent, or to create any right, claim or cause of action against the
County, The Owner or any of their respective officers, agents or employees by any third party.
y. Performance of Government Functions. Notwithstanding anything in this
Agreement which may be to the contrary, nothing contained in this Agreement shall in any way
stop, limit or impair the County from exercising or performing any regulatory, policing or
governmental powers or functions with respect to the Property including, without limitation,
inspection of the Property in the performance of such functions.
z. Duration of Agreement. This Agreement shall be effective on the date of
execution and shall remain in effect during the period of affordability required by the Act under
24 CFR Part 92.
10
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.
ORANGE COUNTY, NORTH CAROLINA
ATTEST:
Ap ro ed a form and legality
An tte Mooi`e, Staff A orney
This document has been preaudited in accordance with the N.C. Local Government and Fiscal
Con rol Act. J~
~~~G---t,~, ylJ~ ~,J'wL, ,Clarence Grier, Finance Director
CO UNITY ALTERNATIVES FOR
SUP TIVE ABO S, N
cl~,
ATTEST:
Secretary
11
u~~~~~lli~siiioiu~i~iiuiii
EXHIBIT A
Legal Descriptions
Tract 1 (Jones Ferry) PIN: 9778-54-4021.029
TAX MAP: 7.116D..29
Those certain premises comprising a portion of the project known as Old Well Condominium I, said
project having been established as a horizontal property regime by Master Deed and Declaration and
Bylaws dated January 26, 1983, and recorded in Book 409, Page 66, in the Office of the Register of
Deeds of Orange County, North Carolina, under and pursuant to the provisions of The North Carolina
Unit Ownership Act, the premises hereby conveyed being more particularly described as follows:
FIRST: Unit No. L-12 of said project, as shown on Condominium Map, filed in Plat Book 36, Pages 151
and 152, in the Office of the Register of Deeds of Orange County, North Carolina, excepting and
reserving any easements through said apartments} appurtenant to the common elements and other
apartments, all as set forth in said Declaration.
SECOND: An undivided 1/144 interest appurtenant to the apartment(s) in all common elements of said
project as described in said Declaration, including the buildings and land described in the Declaration,
which said Declaration is incorporated herein as if fully set out herein.
SUBJECT, HOWEVER, to the following: The reservations, restrictions on use, and all covenants and
obligations set forth in the Declaration dated January 26, 1983, and filed with the Register of Deeds of
Orange County, North Carolina, and as set forth in the Bylaws of the Association of Owners attached
thereto and as it may be amended from time to time, said Bylaws to be filed with the Board of Directors
of said Association, all of which restrictions, payments of charges, and all other covenants, agreements,
obligations, conditions, and provisions are incorporated in this deed by reference and constitute and shall
constitute covenants running with the land, equitable servitude, and liens to the extent set forth in said
documents and as provided by law, and all of which are accepted by the Grantees as binding and to be
binding on the Grantees and their successors, heirs, administrators, executors, and assigns or the heirs and
assigns of the survivor of them, as the case may be.
Tract 2 (Jones Ferry) PIN: 9778-54-4021.134
TAX MAP: 7.116D..134
Those certain premises comprising a portion of the project known as Old Well Condominium I, said
project having been established as a horizontal property regime by Master Deed and Declaration and
Bylaws dated January 26, 1983, and recorded in Book 409, Page 66, in the Office of the Register of
Deeds for Orange County, North Carolina, under and pursuant to the provisions of The North Carolina
Unit Ownership Act, the premises hereby conveyed being more particularly described as follows:
FIRST: Unit No. U-1 of said project, as shown on Condominium Map, filed in Plat Book 36, Pages 151
and 152, in the Office of the Register of Deeds of Orange County, North Carolina, excepting and
reserving any easements through said apartment(s) appurtenant to the common elements and other
apartments, all as set forth in said Declaration.
SECOND: An undivided 1/-144 interest appurtenant to the apartments} in all common elements of said
project as described in said Declaration, including the buildings and land described in the Declaration,
which said Declaration is incorporated herein as if fully set out herein.
SUBJECT, HOWEVER, to the following: The reservations, restrictions on use, and all covenants and
obligations set forth in the Declaration dated January 26, 1983, and filed with the Register of Deeds for
Orange County, North Carolina, and as set forth in the Bylaws of the Association of Owners attached
thereto and as it may be amended from time to time, said Bylaws to be filed with the Board of Directors
12
I~ I I Ii~p~IIIII~IIIYVI!II~II
of said Association, all of which restrictions, payments of charges, and all other covenants, agreements,
obligations, conditions, and provisions are incorporated in this deed by reference and constitute and shall
constitute covenants running with the land, equitable servitude, and liens to the extent set forth in said
documents and as provided by law, and all of which are accepted by the Grantees as binding and to be
binding on the Grantees and their successors, heirs, administrators, executors, and assigns or the heirs and
assigns of the survivor of them, as the case may be.
Tract 3 (Jones Ferry) PIN: 9778-54-0436.090
TAX MAP: 7.116E..90
Those certain premises comprising a portion of the project known as Old Well Condominium II, said
project having been established as a horizontal property regime by Master Deed and Declaration and By-
Laws dated August 2, 1983, and recorded in Book 429, Page 120, in the Office of the Register of Deeds
for Orange County, North Carolina, under and pursuant to the provisions of The North Carolina Unit
Ownership Act, the premises hereby conveyed being more particularly described as follows:
FIRST: Unit No. H-6 of said project, as shown on Condominium Map, filed in Plat Book 37, Pages 116
and 117, in the Office of the Register of Deeds for Orange County, North Carolina, excepting and
reserving any easements through said apartment(s) appurtenant to the common elements and other
apartments, all as set forth in said Declaration.
SECOND: An Undivided 1/156~h interest appurtenant to the apartment(s) in all common elements of said
project as described in said Declaration, including the buildings and land described in the Declaration,
which said Declaration is incorporated herein as if fully set out herein.
SUBJECT, HOWEVER, to the following: The reservations, restrictions on use, and all covenants and
obligations set forth in the Declaration dated August 2, 1983, and filed with the Register of Deeds for
Orange County, North Carolina, and as set forth in the By-Laws of the Association of Owners attached
thereto and as it may be amended from time to time, said By-Laws to be filed with the Board of Directors
of said Association, all of which restrictions, payments of charges, and all other covenants, agreements,
obligations, conditions, and provisions are incorporated in this deed by reference and constitute and shall
constitute covenants running with the land, equitable servitude, and liens to the extent set forth in said
documents and as provided by law, and all of which are accepted by the Grantee(s) as binding and to be
binding on the Grantee(s) and his or its successors, heirs, administrators, executors, and assigns or the
heirs and assigns of the survivor of them, as the case may be.
Tract 4 (111 Ashlev Forest): PIN: 97x9-3s-s6ss.ola
TAX MAP: 7.29D..14
Being known and designated as Unit 111, Building B, as shown on Plat or Plats entitled "Ashley Forest"
recorded in condominium and unit ownership Book 40 at Page 78 through 80, in the Office of the
Register of Deeds of Orange County, North Carolina, reference to which is hereby made for a more
particular description, and an undivided 1.61290323% fee simple interest in each of the aforesaid units in
and to the common area shown on the reference recorded plat.
Tract 5 (336 Ashlev Forest): PIN: 9789-38-5658.055
TAX MAP: 7.29D..55
Being known and designated as Unit 336, Building H, as shown on Plat or Plats entitled "Ashley Forest"
recorded in condominium and unit ownership Book 40 at Page 78 through 80, in the Office of the
Register of Deeds of Orange County, North Carolina, reference to which is hereby made for a more
particular description, and an undivided 1.61290323% fee simple interest in each of the aforesaid units in
and to the common area shown on the reference recorded plat.
13
II'~'~~IIIIIRIIIIIIIIillll III
Tract 6 (529 Hillsborough (G-1)): PIN: 97s9~1o-3736.022
TAX MAP: 7.82A..22
Being all of Unit No. G-1 Brookside Condominiums, according to Plat Book 34, at Page 87, Orange
County Registry. Together with all appurtenances thereto the Declaration of Condominium thereof, dated
September 28, 1981, and recorded in official records Book 373, at Page 558, Orange County Registry.
Tract 7 (529 Hillsborough (G-3)): PIN: 97s9-ao-3736.oza
TAX MAP: 4.44.B.121
Being all of Unit No. G-3, of the Brookside Condominiums, according to the Declaration thereof dated
September 28, 1981, and recorded in Official Records Book 373, Page 558, Orange County Registry, and
as shown on Plat Book 34, Page 87, Orange County Registry.
Tract 8 (800 Pritchard (E-3)): FIN: 97s9-2o-1266-066
TAX MAP: 7.30F.E.3
Being Unit No. E-3, of the University Gardens Condominiums, according to Plat Book 34 at Pages 7
through 9, Orange County Registry, and also according to Declaration thereof, dated July 1 S, 1981, and
recorded in Official Records Book 367 at Page 577, Orange County Registry, together with all
appurtenances thereto, all according to said Declaration of Condominium and as amended in Book 369 at
Page 533, Orange County Registry.
Tract 9 (800 Pritchard (B-6)): PIN: 97s9-2o-1266.o2a
TAX MAP: 7.30F.B.6
Being all of Unit B-6 of the University Gardens Condominiums, according to the Declaration thereof,
dated July 15, 1981, and recorded in Official Records Book 367 at Page 577, Orange County Registry,
together with all appurtenances thereto, all according to said Declaration of Condominium, and as
amended in Book 369 at Page 533, Orange County Registry, and as shown on Plat Book 34, at pages 7
through 9, Orange County Registry.
Tract 10 (800 Pritchard (C-3)): P1N: 97x9-2o-1266.030
TAX MAP: 7.30F.C..3
Being all of Unit C-3 of the University Gardens Condominiums, according to the Declaration thereof,
dated July 15, 1981, and recorded in Official Records Book 367 at Page 577, Orange County Registry,
together with all appurtenances thereto, all according to said Declaration of Condominium, and as
amended in Book 369 at Page 533, Orange County Registry, and as shown on Plat Book 34, at pages 7
through 9, Orange County Registry.
Tract 11 (2308 Red Bird Lane): PIN: 9x63-s6-osls
TAX MAP: 4.44.B.121
Being all of Lot #22, Allen Knight Subdivision, according to the plat and survey thereof, as recorded in
Plat Book 92, at Page 76, Orange County Registry, to which plat reference is hereby made for a more
particular description of the property conveyed.
Tracts 12 & 13 (203/213 Ashley Forest): PIN: 97s9-3s-s6ss.o27 &
9789-38-5658.022
Being known and designated as Units Number 203 and 213, Building D, as shown on a plat or plats
entitled "Ashley Forest", recorded in Condominium and Unit Ownership Book 40, at Pages 78 through
80, in the Office of the Register of Deeds of Orange County, North Carolina, reference to which is hereby
made for a more particular description; and together with an undivided 1.61290323% fee simple interest
per unit in and to the common area shown on the reference recorded plat.
Together with all rights and easements appurtenant to each of the aforesaid units as specifically
enumerated in the "Declaration of Condominium", issued by Associated C. H. Developers recorded in the
Office of the Register of Dees of Orange County in Book 492, Page 450, et seq., and pursuant thereto,
membership in Ashley Forest Owner's Association Inc., a North Carolina Non-Profit Corporation
recorded with the Declaration of Condominium as Exhibit "D". 1a
I ~~~'~p~IIIII~IiIIVllllllll~
Together with all rights in and to the limited common areas and facilities, if any, appurtenant to each of
the aforesaid units; and
Together with anon-exclusive easement for ingress, egress and regress over the roadways as shown on
the condominium plats above referred to; and
Subject to the said Declaration of Condominium, and the exhibits annexed thereto, which are incorporated
herein as if set forth in their entirety, and by way of illustration and not by way of limitation, provide for:
(1) 1.b1290323% as the percentage of undivided fee simple interest appertaining to each of the aforesaid
units in the common areas and facilities; (2) use and restriction of use of each unit for residential and
lodging accommodation purposes, and other uses reasonably incidental thereto; (3) property rights of
purchaser as a unit owner, and any guests or invitees of the purchaser, in and to the common area; (4)
obligation and responsibility of the purchaser for regular monthly assessments and special assessments
and the effect of non-payment thereof as set forth in said Declaration and By-Laws annexed thereto; (5)
limitations upon use of common areas; (6) obligations of purchaser and the association for maintenance;
(7) restrictions upon use of the unit ownership in real property conveyed hereby.
Tract 14 (Dillard Street}: PIN: 977s-49-aoo3
TAX MAP: 7.107.B21H
Being all of Lot 3, as shown on a Plat dated April 26, 2001 and revised June 4, 2001, entitled
"EmPOWERment, Inc., located at 110 Dillard Street, prepared by Freehold Land Surveys, Inc., recorded
in Plat Book 88, Page 160, Orange County Registry to which plat reference is hereby made for a more
particular description of same.
Tracts 15, 16, 17 & 18 (Johnson Street): PIN: 9778-94-9088
TAX MAP: 7.91.A.38
Being all of Lots Nos. 68, 69, 70 and 71 of Cole Heights Extension, as surveyed and plotted by F. M.
Carlisle, Jr. on November 10, 1945 said survey being of record in Plat Book 33, Page 59, Orange County
Registry, to which reference is hereby made for a more particular description of same.
15
~I~ i~'~I~AIIIIIIII~IIIIIIIN
Exceptions
As to Tracts 1-3:
1. Deed of Trust in favor of North Carolina Department of Human Resources recorded
in Book 1368, Page 460, Orange County Registry (Tract 1 only).
2. Deed of Trust in favor of Orange County, North Carolina recorded in Book 1933 at
Page 487 to secure a loan in the amount of $34,465.00 (Tract 2 only).
3. Deed of Trust in favor of Orange County, North Carolina recorded in Book 1933 at
Page 491, Orange County Registry, to secure a note of $32,893.00 (Tract 3 only).
4. Terms, conditions and restrictions contained in Declaration of Unit Ownership under
the provisions of Chapter 47-A of the General Statutes of North Carolina, recorded in
Book 409 at Page 66, and the plans specifications of said condominium, recorded in
Plat Book 36, Pages 151 and 152, all of Orange County Registry.
5. Right of Way from George Farkas and wife, to Philip Schinhan for installation and
maintaining 8-inch water line across property from Jones Ferry Road, recorded in
Book 214 at Page 141, Orange County Registry.
6. Easement(s) to Duke Power recorded in Book 183 at Page 107, Orange County
Registry.
7. Easement(s) to Piedmont Electric Membership Corporation recorded in Book 150 at
Page 121, Orange County Registry.
8. Easement(s) to University of North Carolina recorded in Book 82 at Page 576,
Orange County Registry.
9. Declaration that streets and swimming pool in Old Well I and II may be used by
tenants of each apartment project, recorded in Book 239 at Page 1763, Orange
County Registry.
10. Consent Judgment for rights of way for N.C. Highway 54 By-Pass recorded in Book
178 at Page 607, Orange County Registry.
11. Restrictions appearing of record in Book 1368, Page 463. (Tract 1 only).
12. Easement to Philip Schinham recorded in Book 214, Page 141, Orange County
Registry.
13. Fee simple deed of portion of Common Area to Department of Transportation
recorded in Book 1740, Page 594, Orange County Registry.
14. Easement(s) to Department of Transportation recorded in Book 363, Page 26 and
Book 944, Page 188, Orange County Registry.
As to Tracts 4 & 5•
1. Restrictions appearing of record in Book 492, Page 450; Book 920 at Page 380; Book
1094 at Page 465 and Book 2390 at Page 10.
2. Easement(s) to Duke Power Company recorded in Book 113 at Page 211 and in Book
105 at Page 511, Orange County Registry.
3. Easement(s) to University of North Carolina recorded in Book 136 at Page 643,
Orange County Registry.
4. Deed of Trust in favor or Orange County recorded in Book 3405 at Page 180, Orange
County recorded in Book 3405 at Page 180, Orange County, North Carolina, to
secure a note of $300,000.00.
~s
pal I~~I~NIII~III~IIIIIIIIN
As to Tracts 6 & 7•
1. Subject to matters shown on recorded Plat Book 34 at Page 87.
2. Restrictions appearing of record in Book 373, Pages 284 and 558; Book 466 at Page
218; Book 3021 at Page 143; Book 3260 at Page 79 and in Book 3405 at Pages 166
and 175.
3. Deed of Trust in favor of Orange County recorded in Book 3405 at Page 180, to
secure a note in the amount of $300,000.00.
4. Rights of Way to OWASA recorded in Book 1860 at Page 123.
5. Agreement to Grant Parking recorded in Book 469 at Page 138 and re-recorded in
Book 469 at Page 51 1.
As to Tracts 8-10:
1. Deed of Trust from OPC Foundation for Mental Health, Inc., to Geoffrey E. Gledhill,
trustee for Orange County, dated 4/16/2004, and recorded 4/19/2004 at 12:16 p.m. in
Book 3405 at Page 180, Orange County, North Carolina, to secure a note of
$109,000.00 (Tracts 9 & 10 only).
2. Deed of Trust in favor of Orange County recorded in Book 3405, Page 180, Orange
County Registry, to secure a note of $300,000.00 (Tract 8 only).
3. Restrictions appearing of record in Book 367, Page 577; Book 369 at Page 533; Book
434 at Page 567; Book 1591 at Page 127; Book 3260 at Page 84; Book 3405 at Page
166 and in Book 3405 at Page 175.
4. Subject to matters shown on recorded Plat Book 27 at Page 149, and in Plat Book 34
at Pages 7-9 including thirty (30) foot sanitary sewer easement located on the Land.
5. Easement(s) to Town of Chapel Hill recorded in Book 253 at Page 964 and in Book
265 at Page 550.
6. Non-motorized recreational and scenic pathways easement recorded in Book 256 at
Page 550.
As to Tract 11:
1. Restrictions appearing of record in Book 3405 at Page 166 and 175.
2. Subject to matters shown on recorded Plat Book 17 at Page 82.
3. Subject to matters shown on recorded Plat Book 92 at Page 76 including shown 10'
private sewer easement, right of way for Redbird Lane, overhead utility line and shed
encroachment located on the Land.
4. Deed of Trust in favor of Orange County, North Carolina recorded in Book 3405 at
Page 180, Orange County, North Carolina, to secure a note of $300,000.00.
17
U :I i 'ry~~~~lllllllrollilll~h
As to Tracts 12 & 13:
1. Easement(s) to University of North Carolina recorded in Book 136 at Page 543,
Orange County Registry.
2. Easement(s) to Duke Power recorded in Book 113 at Page 21 i and in Book 105 at
Page 51 1, Orange County Registry.
3. Subject to matters shown on recorded Condo Book 40 at Page 78-80, Orange County
Registry.
4. Restrictions appearing of record in Book 492 at Page 450 and Condominium Book 40
at Page 78-80.
5. Deed of Trust in favor of Orange County, North Carolina recorded in Book 4228,
Page 175, Orange County Registry, to secure a note of $100,000.00.
As to Tract 14:
1. Subject to matters shown on recorded Plat Book 88 at Page 160.
2. Easement{s) to University of North Carolina recorded in Book 129 at Page 289.
3. Withdrawal of dedications, recorded in Book 164 at Page 233 and in Book 172 at
Page 177.
4. Easement(s) to Town of Carrboro recorded in Book 252 at Pages 1515 & 1516.
5. Private driveway easement recorded in Book 1215 at Page 301.
6. Shared driveway easement recorded in Book 2348 at Page 586.
7. Restrictions appearing of record in Book 4228 at Page 144; Book 2591 at Page 215
and in Book 2804 at Page 145.
8. Deed of Trust in favor of Orange County recorded in Book 2804 at Page 161, Orange
County Registry, to secure a note of $180,000.00.
As to Tracts 15-18:
1. Subject to matters shown on recorded Plat Book 33 at Page 59.
2. Restrictions appearing of record in Book 3235 at Page 333.
3. Deed of Trust in favor of Orange County, North Carolina, recorded in Book 3235 at
Page 351, Orange County Registry, securing a loan in the amount of $260,000.00.
18
EXHIBIT B
HOME Program Funds
Scope of Services
Funds awarded under this Agreement will be provided to Community Alternatives for
Supportive Abodes for the renovation costs of seventeen (17) scattered site dwelling units
located at
203 - D; 213 - D; 111- B; and 336 Ashley Forest; Chapel Hill, NC
800 Pritchard Avenue B-6, C-3, E-3; Chapel Hill, NC
529 Hillsborough Street G-1 and G-3; Chapel Hill, NC
2308 Redbird Lane; Hillsborough, NC
112 A & B Johnson Street; Chapel Hill, NC
114 A & B Johnson Street; Chapel Hill, NC
501 Jones Ferry Rd. H-6, L-12, U-1; Carrboro, NC
Owner shall ensure that the Project dwelling units meet the property standards in 24 CFR 92.251
and the lead-based paint requirements in 92.355 at the time of project completion in addition to
applicable building and zoning ordinances. The costs of lead paint assessments and clearance test
shall be included in the rehabilitation costs. A Section 8 Housing Quality Standards (HQS)
inspection must be conducted prior to leasing to ensure compliance and at least once every three
years throughout the life of the project. Copies of inspection reports must be maintained in
project files.
19
EXHIBIT C
Project Budget
1 University Gardens Unit E-3 $14,600
2 University Gardens Unit B-6 $11,120
3 University Gardens Unit C-3 $6,500
4 2308 Redbird Lane $8,900
5 Ashley Forest Unit 1116 $9,315
6 Ashley Forest Unit 203D $1,100
7 Ashley Forest Unit 213 D $4,625
8 Ashley Forest Unit 336 $12,150
9 Brookside Unit G-1 $11,125
10 Brookside Unit G-3 $5,300
11 Abbey Court Unit H-6 $13,500
12 Abbey Court Unit L-12 $10,130
13 Abbey Court Unit U-1 $2,975
14 110 Dillard Street Unit A $3,000
15 112 Dillard Street $20,175
16 114 Johnson Unit A $10,333
17 114 Johnson Unit B $2,425
$147,273 Sub-total
14727.3 10% Cont
$162,000 Total
Source of Funds
Orange County HOME Consortium $162,000
Owner may not request disbursement of funds under this Agreement until the funds are needed
for payment of eligible costs. The amount of each request must be limited to eligible costs as
determined by the County's Housing and Community Development Department ("OCHCD").
No funds may be shifted between projects without the prior approval of the County only. Funds
may be shifted between line items of the Project without prior approval of the County only to the
extent of "Minor Adjustments," defined as actions which do not result in a change in the Project
and so long as such Minor Adjustments do not exceed ten percent (10%) of the line item total
from which the funds are being removed or to which the funds are being added, there is no
20
increase to the Total Renovation Cost specified in the above budget, and there are only minor
changes to the Plans and Specifications.
The value of rehabilitation work done pursuant to the PROJECT for each RESIDENCE shall be
considered as a grant to the OWNER with the following condition: OWNER must maintain said
property and its grounds and equipment according to applicable Housing Quality Standards
(HQS) and all local and State codes and ordinances and must carry appropriate fire and hazard
insurance thereon. The OWNER shall provide and file a certificate of said coverage with the
COUNTY, the proceeds of which, in the event said structure shall be destroyed or damaged by
fire or other casualty, shall be used for reconstruction of said structure upon the said real estate.
21
EXHIBIT D
Scope of Services
Funds awarded under this Agreement will be provided to Community Alternatives for
Supportive Abodes for the renovation costs of 114 Johnson Street Unit A; Chapel Hill, NC and
110 Dillard Street Unit B; Carrboro, NC.
The Owner shall ensure that the Project dwelling unit meet the property standards in 24 CFR
92.251 and the lead-based paint requirements in 92.355 at the time of project completion in
addition to applicable building and zoning ordinances. The costs of lead paint assessments and
clearance test shall be included in the rehabilitation costs. A Section 8 Housing Quality
Standards (HQS) inspection must be conducted prior to leasing to ensure compliance and at least
once every three years throughout the life of the project. Copies of inspection reports must be
maintained in project files.
Additionally, the COUNTY shall provide the following items on the following schedule.
1. Transaction Costs Invoice after Contract Execution
2. Replacement Reserve Invoice after Rehab Completion
(Funds are to be held in a restricted account with
annual accounting provided to the County for the
full affordability period.)
3. Operating Reserve Invoice quarterly after Contract Execution
4. Developer Fee Invoice at 1/3 completion intervals
Proiect Budget
Rehab Costs
114 Johnson Unit A $7,722
110 Dillard Street Unit B $625
Contingency $300
Tota I $8, 647
Miscellaneous Tasks
Transaction Costs $7,650
Replacement Reserve $15,000
Operating Reserve $30,000
Developers Fee $65,000
Tota I $117, 650
Source of Funds
Orange County Program Income $125,997
Owner may not request disbursement of funds under this Agreement until the funds are needed
for payment of eligible costs. The amount of each request must be limited to eligible costs as
determined by the County's Housing and Community Development Department ("OCHCD").
No funds may be shifted between projects without the prior approval of the County.
23