HomeMy WebLinkAbout2015-444-E Housing - Community Alternatives for Supportative Abodes (CASA) - CHDO Agreement DocuSign Envelope ID:99C9F1BE-6EF7-45DE-BDBD-4B6928396A96
COMMUNITY HOUDING DEVELOPMENT
ORGANIZATiON ('011DO") AGREEMENT
'under the
Orange County HOME .Investment Partnership Prograin
This is axi AC'rREEMENJ' between ORANGE COUNTY, a body politic and corporate, a
political subdivision of the State of North Carolina, (hereinafter reficrred to as the "Coluaty") and
Community Alternatives for Supportive Abodes, a North Carolina rion-profit corporation
designated as a C',onnnunity Ho-using Development Organization under the FIOME hivestn'lerit
Partnership Pro&i-ani and hereinafter referred to as "CHDO". The ctlectIve date of this
agreernetit is June, l Tli's Agreement shall supercede any and all agreements between
tl.,icse pat-ties.
WITH ESSE TIJ.:
WHEREAS, the County has, entered into art Agreement to 17CCCiVe funds under the
HOME Investment Partnerships, Pro&p-an:) (hereinatter called the ':'HOME" Program) from the
US Department of Housing and U'ri-mi'i Development (hereinafter called 1,11 JD"); and
WHEREAS, the County has set aside a portion of its IfOME' Program ftinds for
Corm-nunity Housing Developinctit Organizations ((.`11DOs) irl accordance with the National
Affbi-dable Housing Act of 1990�, as aniended, (hereinafter called the "ACT"); and
WHEREAS, the COLInty has designated the above reamed organization as a ConrIML1,11ity
(lousing Developnient Organization or CHDO pursuant to FIUD 'rule 24 CFR Part 92 which
sets forth regulations to implernent the HOME Prograrn; and
WHEREAS, the County desires to engage the CHDO to render certain assistance as an.
CHDO, sponsor or developer of laousing in conformance with 24 CFR Part 92;
NOW, rFu�,,iZ.EFOJ.U,, the parties hereto do herebyagree as follows:
A. USE OF HOME FUNDS:
I. The CHDO shall propose pro.jects, which ineet, IIOME' requirements acrd confibrni to
the County's Consolidated Plan.
2. The County, at its diserction, shall allocate HOMI funds to the C.HDO including all
or any part of any CHDO set-aside, in amounts dcteraiincd appropriate by the Counity
to best ineetHOME progran'i ob�jectives.
3. In accordance with IlUD guidelines, allocations of II.OME flinds to a CHDO: may
take otle or inore of these forms: project assistance (interest bearing loans, no-interest
bearing loans, detbrred payinent, loans, advances, 'Interest subsidies, grants as well as
DocuSign Envelope ID:99C9F1BE-6EF7-45DE-BDBD-4B6928396A96
direct equity investments); operating subsidies; and development assistance (technical
assistance, site control loans, or seed money loans):,
4. The CliD( shall pert-brin, the prO.Jects, or tasks related to its aflocatio,11 of HOME
funds according to the schedUIC and within th,c budget sLibinitted as a part of' the
annual application process as outlined hiAttaclarnent A, which is hereby incorporated
by reference.
,B. AFFORDABILITY:
1. The CJIDO shall erisure that housing it assists, with HOME funds meet's the
affordability requirements of 24 CFR Parts 92 or 914, as applicable.
1 The CHDO shall repay its award of HOME funds in full to tl'IC County if file I)OUSilIg
does neat nicet the aftordability requiretaients for the specified time period.
3,. If the CHDO is undertaking rental projects, the CHDO shall establish affirdaMe
initial rents and procedures for rent increases.
4. If the CHDO is undertaking boineownership projects lor sale to homcbuyCrS, the
CJJDO shall set forth, resale or recapture requirements that confion'ti to 24 CFR Part,
92.254(a).
C. PROJE(.,,,"r REQUIREMENTS:
1. The CIIDO shall comply with project requircinerits specified iii 24 CFR. subpart F, as
applicable in accordance with tlie tyipe of project assisted.
1 The aniount of HOME Funds the CHDO may irn/est on a per-unit basis in affordable
housing n'iay not exceed the per-unit dollar ljJT1JtS cstablished by HUD
D. PROPERTY S'FANDARDS:
i. The (".1m)o shall ensure that the housing meets the property standards in 24 CFR
92.251 and the lead based paint reqUirentents, in 24 CFR 92,355 upon project
completion.
1 The CHIDO shall maintain rental ho-using in accordance with the standards in 24 CFR
92.251 for the duration of the afrordability period.
E. AFFIRINIATIVE NINKKETING:
1. If a project contains five (5) or more HOME assisted units, tlie CI- DO must take full.
responsibility fi)r affirmatively niairketing the hOUSin.g.
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2. Affinnative inarketing steps shall consist of actions, to provide infortmation and
otherwise attract eligible persons in the housing market to the available 110LIsing
without regard to race, color, national origin, sex, gender identity, niarital status,,
Sexual orientation, religion, f.larnilial status, or disability.
F. RECORDS AND REPORTS:
I The CIID() shall ri,iaiintain and, at reasonable th'iics and places, make available tcn the
County such records and accounts, including property, personnel, and financial
records, ttie County and/or State and Federal agencies deem necessary to assure a
proper accounting for all IJOMF Pro�,).,•arr.-i funds.
1 The C14DO shall provide the C'ounty with information necessaryfor it to coniplete the
Consolidated Annual Perforniance and Evaluation Review report and other rej,')orts,
required by HUD.
3. `fhe CHDO shall provide an annual audit report perfori-ned in compliance with 0M13
Circular A-133.
4. The CHDO shall allow the County to, conduct monitoting and (.valuation activities as
determined necessary by the County and [IUD.
5. The CHDO shall keep a fully executed copy of this Agrecn,iciit and a copy of t1ie
HOME regulations on file:in their place of biisiness at all litTics.
6. Th e (,1
HDO shall keep all docuirients used to c lomnine their status as a CornIffifflity
Housing Development Organization as defined under 24. CFIR Part 92 current and
I
available t6r inspection by the Countyfi-)r the duration of this Agreement.
G. ENFORCEM ENT OFTHE AGREKMENT:
I. The ClID0 shall provide a ineans of" enforcernerit of the affordable housing
requirenients, that may include hens on real property, deed restrictions or covenants
running witli the land.
2. The affordability requirements ori rental housing in 24. CFR 92,252 tiiust be enf(.,)rce(I
by deed restrictions,
3. As specified above, the CIID0 shall repay its award of HOME funds In full. to the
County Ifthe housing does not meet of requirements for the specified tinic
period.
H. REQUESTS FOR DISBURSEMEN'rOFFUND&
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1. The C,HD0 shall request disbursements of.' IIOMI`' Program lumls, only at the time
funds are needed to pay eligible costs, (Requested funds are hinited to the arnourit
needed to cover these costs and wfiicli can be expended within 10 days from the (fate
funds are disbursed to the County fi-om, the US Treasury.)
2, From time to tinic, but not more than once each month, the CH DO nmy subMit t:01 the
County a request for reimbursement of operating expenses for the preceding calendar
nionth, if applicable.
1 The C,,ounty shall reitnburse the CHDO in an aniount approved by the COUrIty Within
fifteen (f 5) calendar days after receipt, of a request l"or reirnbursenient, except for
conditions I)eyond the County's control.
4. For reirnbursernent of indirect costs, the CIED0 sball have on file a cost allocation
plan approved by the County.
5. .ri,,,e SU111 total, of the ClID0 reinibursetnent request during as givers ),,car stiall, not
exceed the aniount oaf the agreed upon budget appearing in. A.tt.acht-rent A.
6. The CHDO shall maintatri and make available, wheii MCILIested, support
(locumentation, for all expenditures.
I. DURATION OF THE ACIMEEMENT-
I. This Agreement .)'hall be effective on the date of execution and shall rcii'lain in ef'f'ect
during the period of afTordability required by the Act under 24 CTR Part 92 and the
(I
"ounty's 99 year period (.)fafT(-.)rdabilj.ty whichever is greater.
2. The Aj.,.,,reetnent and the provisions herein n-my be extended to cover any additional
time period during which the CHDO remains in control of HOME funds or assets,
including progmtn incom.c.
J. CONDYFIONS FOR RELIGIOUS ORGANIZATIONS:
1. If applicable, the CHDO naust mect conditiolis and. limitations tbr arse of HOME
,funds invol ving a priniaffly religious entity.
2, the conditions are splecified in 24 CIT Part 92.257.
K. COMMUNITY HOUSING DEVE.LOPMEN'I' OR(I"tANIZA"I'ION PROVISIONS:
1. H.' the C14DO Should receive H01ME funds, only for operating expenses provided
under 24 CJ�R 92.208, the CHDO may expect to receive ):rojec ' 11
I t fundirig, within 24
trionths of receiving f IOME funds Bor those operating expetises. (Such operating
expenses, are limited to costs associated with 110ME-eligible activities)
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DocuSign Envelope ID:99C9F1BE-6EF7-45DE-BDBD-4B6928396A96
2. If the CHDO should receive proJect-specific development assistance (technical
assistwice ancl site control loans or seed nioney loans),, that assistance is Iii-nited by
provisions, under 24. CF'R 92 301.
1 The CHDO shall notify the County in writing of' any changes, in its 5,01 (c)(3) tax
excrilpt status, during the specified period of' affi)rdability, or any other change that
alters, the organization's certification as a C11DO under 24 CFR Part 92,
L. PROGRAM INCOMEDISPOSITION:
I. 1'he CHDO inay retain ariyproceeds resulting from the ('11D O's investrricnt ofits set-
aside futiols.
2. As such, the proceeds are not HOME prograrn incorric and, therefore, are not subject
to I IOME requirements except those stated below.
3. The CEID01 must use any proceeds for 110ME-eligible activities siniflar to those for
which the allocatioti of HOME funds was originally made.
M. CONF.1,.1CT 01F INTEREST:
1. No employee, agent, consultant, officer, elected official or appointed official of
Orange Coui�)ty w1io has responsibilities related to: the IlOME Prograni or access, to
"inside" iriformation concerning said pro, rarna shall obtain a financial benefit or
interest from any HOME Pro rain activity f'(.)r tfieniselves or those with whoni they
have family or business, ties, during their tenure or for one year thereafter.
2. 'I'lie CHDO shall make a good faith cffort to assure that this provision is not violated,
and that any suspected violations are proniptly reported to the C.Ounty,
N. DE) ULT:
1. It is expressly ap
,,reed and understood that the CHDO's designation as as CHDO shall
become null and void, at the County's option, in the event the CHDO falls, to meet one
or iTi(,-,)r(, of"the criteria bor CI IDO designation and/or fails to develop, sponsor, of own
one or more housitig proJects as provided in 24 CFR Part 92.
2. Thc COUDtY shall notify the CHDO in wtitiiig of any such deflault under this
Agreement.
3. The CHDO shall have sixty (60) days after receipt ofthe written notice of default
Withiri which to cure such a defatilt.
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4. Fhe CHDO agrees, to: repay, rernit or return to the County atiy amount of ul,,is,l,')Cnt
HOME J."urids provide(] to the CHD01 irt tfic event of a default under the terrils, oft'llis
Agreenient.
0., St.)SP,ENS ION' ORITRMINATION:
i. 'nie full betiefit of the Prqject will be realized only after the Conipletion of the
affirdability periods I`or all prQjects, delineated in Attachment A and any amendments
thereto. It is the C,outnty's iritctition that the full public benefit (,.)f the Pr(ject shall be
con,iplcted under the auspices ofthe ClID0 as lollows:
a. In the event,that the CTID0 is unable to proceed with any aspect of tlic Project
in a timely nianner, and County and the ClID0 deters.-line that reasonable
extension(s) for cornpletiori will not remedy the Situation, then The ('111DO
will retain responsibility for requirements for any (kilelfing units, assisted and
C,'ourity will make no further laymen ts to the CH Do .
b. hi i the event (hat the CHDO, prior to the contract completion date, is unable to
continue to furiction due to, but, riot linifted to, dissolution or insolvency of
the orgaiiization, its, filing a petition for barikrUptCy 01- similar proceedings, or
is adjudged bankrupt or fails to comply or perforni with provisions of this
agreemetit, then the CHDO shall, upon the County's request, convey to the
C-,'ounty the Property assisted with non-operating HOME fiends. Conveyarice
shall 'be at the sole discretion of County and on a Pr( ':ect dwelling unit by
Prot jest dwelling unit bask
2. C.onveya,rice shall be on the terms set forth herein:
a. Conveyance shall occur within thfily (3(::) days of County' and t1le CHDO's
agreement of the CHDO's, inability to: continue as, a viatfle organization. The
CHDO shall comrey 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 C"(,ninty (Declaration of Restrictive Covenants., and Deed
Of.TrUSt).
P. HOLD II.ARMI..,ESS.
L The County shall not be liable for any and all claims, actions, sLiits, charp
ges, and
judginents whatsoever arising out of the perl'orniance or nonperfon-nance ol I this,
Agacernerit by the(111)0, its eniployees, ofticers or agents.
I The CIIDO shall hold harmless, defend and irideninif r the County, its ofl'icers, agents
and employees firom all such claims,, actions, suits, charges, and judginentS under this
Agreement.
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Q. 'AMENDMENTS:
1. The County and the ('HDO may amend this Ag�-c; ncnt at any time provided that such
arnendinents make specific reference to this Agrcernent, are executed in writing, an(I
signed by a duly authorized representative of both ot-ganizations.
1 The C(-.)-unty nay, at its discretion, amend this Agreement to conforni with Federal,
Statc or local goverlunent guidelines, policies and available ffinding atnoUl'ItS, (.)r f'(,)r
otber reasons.
3. Anwndrnents to this Agreement shall not invalidate nor relieve or release the County
or ('-'I I DO fivin its obligations under this Agreement:,
4. If any amendments result in a change in HOME futiding, a new attachment shall be
exccuted with corresponding changes to the pro.ject or tasks, schedule and bvidget that
now appear in Attachment A.
R. MISCELLANEOUS PROVISIONS:
1. Service of all notices, under this Agreeinent shall be sufficient if'given. persomilly by
registered or certified mail, return receipt requested, and rn.ailed to the party involved
at the address and to the attention of the person set forth below, or to such other
person or address as,said party may provide in writing ftorn time to time.
1 Any such notice mailed to such address shall be eftective upon the date received as
shown by the returned receipt or officivise.
FOR C'OUNTY
(.)range County
Housing, Hunian Rights and. Coiii-rntjnity.f.)evelopi,n.etit Department
P.O. Box 8181
Ifillsborough, NC 27278
ATFN- Director
CHDO
Corntnunity Alternatives for Supportive Abodes
PO Box 12545
Raleigh, NC 27603
ATTN: F,."xecutive Director
[S IGNATURE f'A(.,T'E 'l-0 FOL1,0W]
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DocuSign Envelope ID:99C9F1BE-6EF7-45DE-BDBD-4B6928396A96
IN WITNESS WHEREOF, the partics hereto, intending to be Icgally bound, have set their hands
and seals o�i'i the day and year first above written.
OPUNGE COUNTY, NORTH CAROIANA
DocuSigned by,'
6 IE477-
Borinic HaTrimersly, Comity Manager
DocuSigned by:
6K" f24W
ATTEST: EP7EG1B3FC08734DE...
Donna Baker.
Clerk to the Board ofComin'Issioners
A 4"'l a7 and legality
EDocuSigned by,
-4035 C B8304CA4M...
Annette Moore, Staff Attorney
DoruSigned been pruTudited 'J.i accordance with the N,C.. Local Govern.tricrit and Fiscal
EPaU tA+6Vu
232DFFC2CFA847B... Paul Laughton, Interim Financial Services Director
Community Alternatives for Supportive Abodes
1DocuSigned by:
AF9A98940A014C1...
President
ATTI I'S`Y:
.............................................................................................................
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DocuSign Envelope ID:99C9F1BE-6EF7-45DE-BDBD-4B6928396A96
ATTACHMENT,cat
FY 2014—2015
P'roject Bud yet
Operating Support for I IOMJII eligible activities,. $5,800
HOME fusels gill be Used for operating support in accordance with the Conimunity ,Alterative;
for Supportive Abodes HOME Pro rasa application, dated Feburary 24, 2014. The Resolution
and ttie F"Y 20114-2015 Annual Action Plan were approved by the Orange COUnty Board of
Ci
loutity Cornt-nissioners May 8,, 201A.
FY 2014-201.5 Source of Funds
Orange COLIfIty HOME CfIDO Funds $ 5,8010