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Home My WebLink AboutAgenda - 12-20-94 - VIII-D 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No V °� Meeting Date: December 20, 1994 SUBJECT: HOME Program/Development Agreement Amendment DEPARTMENT: Housing/Comm. Dev. PUBLIC HEARING YES NO x ATTACHMENT(S) : INFORMATION CONTACT Amendment Tara L. Fikes, x 2490 TELEPHONE NUMBER Hillsborough 732-8181 Chapel Hill 968-4501 Mebane 227-2031 Durham 688-7331 PURPOSE: To approve an Amendment to the Development Agreement with the Orange Community Housing Corporation (OCHC) for the Abbotts Colony/HOME Program. BACKGROUND: The Board of Commissioners approved a Development Agreement with the Orange Community Housing Corporation (OCHC) requiring OCHC to acquire and develop four (4 ) vacant lots in the Abbotts Colony subdivision off Legion Road in Chapel Hill. The acquisition of the property was financed using $50,000 in HOME funds awarded to the Orange County HOME Consortium. The property was purchased in August 1993. Since that time, OCHC has had conversations with a couple of large builders who initially expressed interest and later declined to submit bids due to their lack of interest in "small" projects. Subsequently, OCHC solicited bids from smaller firms who submitted bids ranging from $68,000 to $72, 000 which are considered too expensive for the target population. OCHC is continuing to try to locate a builder for these sites. The original Agreement stated that the first three lots would be developed and houses sold by December 31, 1994 . However, due to the difficulties previously described, OCHC will not be able to meet this deadline. A new completion date of September 30, 1995 has been negotiated with OCHC and the HOME Program Council. Therefore, the Agreement needs to be amended to reflect the new completion date. RECOMMENDATION: The Manager recommends that the Board approve an amendment to the Development Agreement with the Orange Community Housing Corporation (OCHC) for the Abbotts Colony/HOME Program and authorize the Chair to sign the amendment on behalf of the Board. 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 ORANGE COMMUNITY HOUSING CORPORATION, a North Carolina nonprofit corporation (hereinafter referred to as "OCHC"). The date of this Agreement Amendment is , 1994. WITNESSETH WHEREAS, the Orange HOME Consortium was awarded $50,000 in October, 1992, for the purpose of conveying these funds to OCHC to purchase four lots in Abbotts Colony subdivision, 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 as such shall act as 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 State Program Requirements for funding provided directly by the State; and WHEREAS, the County, as Lead Entity, entered into a Development Agreement with the Orange Community Housing Corporation to for Abbotts Colony on or about July 27, 1993; NOW, THEREFORE, the County and Orange Community Housing Corporation agree that Section 1 a. of the Agreement is amended to read as follows: 1.a. OCHC shall then market and sell the lots, construct homes for the selected buyers, and complete the sale of the homes on the first three lots by September 30, 1995. 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. 3 COUNTY OF ORANGE, NORTH CAROLINA (SEAL) Moses Carey, Jr., 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 Moses Carey, Jr., 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 1994. Notary Public My commission expires: ORANGE COMMUNITY HOUSING CORPORATION (SEAL) Keith E. Aldridge, Chair Board of Directors ATTEST: , Secretary Board of Directors 4 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 at he/she is Secretary and that Keith E. Aldridge is Chair of the Board of Directors of Orange Community Housing Corporation, 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 , 1994. Notary Public My commission expires: