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HomeMy WebLinkAboutS Housing- First Baptist and Manley Estates Inc• ~ ~ _,, Please return this copy to /`Do~.% ~~7 Clerk to the Board's office for PAF / North Carolina ~ j~ Orange County Performance Agreement This Agreement, made and entered into the ~~ day of , 2008 b and Y between ORANGE COUNTY, NORTH CAROLINA, a general local gov ental unit of the State of North Carolina, (hereinafter referred to as the "County") and First Baptist and Manley Estates, Inc., a North Carolina non-profit corporation (hereinafter referred to as "FBME") for funding for the expansion of the parking lot serving the First Baptist and Manley Estates Apartments. WITNESSTH: WHEREAS, the First Baptist and Manley Estates Apartments were built in 2001 with funding by the HUD Section 202 Housing Program for the Elderly to serve low-income elderly and disabled individuals with additional financial assistance from Orange County and the Town of Chapel Hill; and WHEREAS, since construction, the parking facilities have been inadequate for the residents, property management personnel, and support services personnel; and WHEREAS, the FBME Board of Directors submitted a written request to the Orange County Board of Commissioners dated July 30, 2007 for a grant of $85,000 to expand the existing parking lot at the First Baptist and Manley Estates Apartments; and WHEREAS, on October 23, 2007 the Orange County Board of Commissioners approved the expenditure of up to $85,000 in Community Development Program Income for this purpose; NOW, THEREFORE, in consideration of the above and the mutual covenants and conditions and representations contained herein, it is agreed between the parties hereto as follows: I. SCOPE OF WORK FMBE will construct an expansion of the parking lot serving the First Baptist and Manley Estates Apartments in the following manner: 1. Prior to beginning the project, FMBE will obtain and provide to the County written confirmation from the Town of Chapel Hill that the proposed parking lot expansion is acceptable under the original site development approval, and no additional Town Council approval is necessary. 2. The parking lot expansion shall be designed by a Civil Engineer to meet the specifications of the Town of Chapel Hill and who will also provide project management and project inspection during construction. 3. FMBE must receive at least three (3) competitive bids for the construction work and provide evidence of the bid solicitation process and- the bid award. II. COUNTY SUPPORT The County agrees to appropriate for the work delineated in Paragraph I, a sum up to Eighty- Five Thousand Dollars ($85,000) to First Baptist and Manley Estates, Incorporated. To the extent legally possible, FBME 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 FBME, its employees, agents, .officers, and contractors in connection with this Agreement. In the event any such action or claim is brought against County, FMBE shall, upon County's tender, defend the same at FBME's sole cost and expense, promptly satisfy any judgment adverse to County or to County and FBME jointly, and reimburse County for any loss, cost, damage, or expense, including attorney fees suffered or incurred by County. III. PAYMENT AND DOCUMENTATION It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed $85,000. Written requests for the payment of eligible expenses shall contain a project progress report and copies of original receipts/invoices for eligible expenses, and, as to the construction expenses, certified eligible for payment by the project Civil Engineer. All payment requests must be submitted to the Housing and Community Development Department for review and payment. In addition, FBME agrees to allow the County to inspect its financial books and records related to the feasibility study upon reasonable notice during normal working hours. IV. TERMINATION FOR CAUSE In the event that FBME shall cease to exist as an organization or shall enter bankruptcy proceedings, or be declared insolvent, or liquidate all or substantially all of its assets, or shall not fulfill any term of this agreement, or in the event that First Baptist Church shall fail to render a satisfactory accounting as provided herein, then and in that event the County may terminate this Agreement and FBME will return all payments already made to it by the County for services which have not been provided or for which no satisfactory accounting has been rendered. Notwithstanding the foregoing, either party may terminate the Agreement at any time without penalty, provided that written notice of such termination is furnished to the other party at least 30 days prior to termination. In the event of such termination, any payment due shall be prorated to the date of termination. 2 In WITNESS THEREOF, the parties hereto, intending to be legally bond, have set their hands and seals on the day and year first above written. ~_ ~;t~; ~~ ~~ Aor ORANGE COUNTY, NORTH CAROLINA y Laura Blackmon, County Manager ATTEST: Donna Baker Clerk to the Board of Commissioners Appr ed as to form and legality eo r 1 d ill, County Attorney This document has been preaudited in accordance with the N.C. Local Government and Fiscal Control Act. ~, / ~~~Z"'2~ ~_f ~ ~1~0~- ~tH s ,Finance Director NORTH CAROLINA ORANGE COUNTY This is to certify that on this day personally came before me Donna Baker, with whom I am personally acquainted, and being by me duly sworn, says that Laura Blackmon is the County Manager of Orange County, North Carolina, and that she is the Clerk to the Board of Commissioners of Orange County, North Carolina, 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, North Carolina was subscribed thereto by the said .County Manager of Orange County, North Carolina and said Donna Baker 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 20~~ otary Public My commission expires: ~~-/3- ~ 9 3 First Baptj~st Church and Manley Estates, Inc. President NORTH CAROLINA ORANGE COUNTY I, ~i'N~ ~ ~~ l~~ ,Notary Public in and for the above n med County and State, do hereby certify that on this day personally appeared before me ~ /(A~4-A/ with whom I am personally acquainted, who, being by me duly sworn, says that he is of First Baptist Church and Manley Estates, Inc, a North Cazolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed by him on behalf of the corporation. Witness my hand and notarial seal, this the day o tI~lV 20D8. h1-- No Public ```~~~~ P ~ A RR~;~,~~i My commission expires: ~~ Z -- 20/2 \ ~? ~ ~ NOTARY PUBLIC = 2v, :,~o,~9aGE oUN,~\ \~~.~ /~~~/lfllCilll~~\ 4