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Home My WebLink AboutAgenda - 08-04-1997 - 8r 1 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. 8-Y ACTION AGENDA ITEM ABSTRACT Meeting Date: August 4, 1997 SUBJECT: Efland Estates -Development Agreement Amendment DEPARTMENT: Housing and Community Development PUBLIC HEARING: (Y/N) ` rr BUDGET AMENDMENT: (Y/N) ATTACHMENT(S): INFORMATION CONTACT: Development Agreement Amendment Tara L. Fikes TELEPHONE NUMBERS: --ext. 2490 Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 227-2031 PURPOSE: To approve an amendment to the Development Agreement with Habitat for Humanity of Orange County,NC, Inc. for the Efland Estates Community Development Block Grant(CDBG) Program. BACKGROUND: In August 1996,the County was granted$145,750 in Community Development Block Grant (CDBG) funds to provide the public water and sewer and street paving for a small,nine (9) single family subdivision being developed by Habitat for Humanity of Orange Co.,NC, Inc. in the Efland community. The Division of Community Assistance(DCA)required the County to enter into a legally binding agreement to ensure that Habitat will construct and sell five(5)homes by July 8, 1998. This Agreement was approved by the BOCC on June 2, 1997. The County Attorney has requested the following amendment to the Agreement. RECOMMENDATION(S): The Manager recommends approval of the amendment to the Development Agreement with Habitat for Humanity of Orange County,NC, Inc. and authorize the Chair to sign the document on behalf of the Board. t 2 - NORTH CAROLINA AMENDMENT#1 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 Habitat for Humanity of Orange Co.,NC, Inc.,a North Carolina nonprofit corporation (hereinafter referred to as "Habitat"). The date of this Agreement Amendment is WITNESSETH WHEREAS, Habitat owns a parcel of approximately 4.67 acres located in the Cheeks Township of Orange County more particularly described in Exhibit A attached hereto and made a part of this Agreement(hereinafter referred to as the "Property"); and hereinafter referred to as "the Property"; and WHEREAS, Habitat desires to improve the Property by constructing homeownership opportunities for first-time homebuyers, in accordance with all applicable legal requirements and the Charter and Bylaws of Habitat, for sale to low and moderate income families; and WHEREAS, Orange County desires to participate in this project and has received a Community Development Block Grant (CDBG) from the N.C. Department of Commerce Division of Community Assistance (DCA) in the amount of$145,750 to be used for the provision of public water and sewer and street paving on the Property; and WHEREAS, the County, entered into a Development Agreement with Habitat for Humanity of Orange County,NC, Inc. on June 2, 1997; NOW, THEREFORE, the County and Habitat for Humanity of Orange County, NC, Inc. agree that Paragraph 2 is amended to read as follows: 2. Habitat further agrees to construct no fewer than five (5) houses for low and moderate income families and complete sales of the homes by July 8, 1998. With prior approval from DCA, this commitment, as to the time to complete sales of the homes, may be partially waived by the County, if failure to meet the commitment is determined to be due to events beyond the control of the Deyele"e' Habitat including, but not limited to, an unfavorable, unforeseeable occurrences of severe economic conditions and where such waiver will not substantially affect the project as described in the application. 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. l 3 COUNTY OF ORANGE, NORTH CAROLINA (SEAL) William Crowther, Chairman Orange County Board of Commissioners ATTEST: 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 William Crowther 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 1997. Notary Public My commission expires: HABITAT FOR HUMANITY OF ORANGE COUNTY, NC, INC. (SEAL) Ann DiGiano, President Board of Directors ATTEST: Robert Krauss Assistant Secretary, Board of Directors V 4 r' 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 Robert Krauss, with whom I am personally acquainted, who, being by me duly sworn, says that he is the Assistant Secretary and that Ann DiGiano is President of the Board of Directors of Orange County Habitat for Humanity of Orange Co., 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 Assistant Secretary. Witness my hand and notarial seal, this the day of 1997. Notary Public My commission expires: