HomeMy WebLinkAbout2017-207 HSG - Myrtle Williams - Assignment, assumption and transfer real property for Self-HelpNIVI9NI���V�IlUpall� (i��l�lllllll lu
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FILED Mark Chilton
Reala ter of Deeds Orange Co,NC
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Prepared by and return after -recording to; Annette Moore, Orange County Attorney's
Office, P.O, Box 8181,11111sborough, NC 27278
NORTH CAROLINA
ORANGE COUNTY
ASSIGNMENT, ASSUMPTION AND CONSENT TO TRANSFER REAL, PROPERTY
This Assignment, Assumption and Consent to transfer real property is between Self -Help
Ventures Fund, a non -profit corporation (hereinafter referred to as "Self Help ") organized and
operated exclusively for charitable and educational purposes and which has established its tax
exempt status under Section 501 (c)(3) of the Internal Revenue Code; Myrtle Williams
(hereinafter referred to as "Owner"); and the County of Orange, 'a local political subdivision of
the State of North Carolina (hereinafter referred to as "Orange County"),
WITNESS THAT:
Whereas Self Help is a non- profit corporation operating to support its parent
organization's mission of creating and protecting ownership and economic opportunity for all by
providing responsible financial services, lending to small businesses and ponprofits, developing
real estate and promoting fair financial practices; and
Whereas Self Help was founded in North Carolina, remains headquartered here, and
seeks to support community development in partnership with the public, non - profit, and private
sectors;
Whereas in furtherance of the purposes Self Help assists low income families in
obtaining improved housing; and
Whereas Orange County, through its Housing Human .Rights and Community
Development Department, provides funding to qualified organizations to expand the supply of
affordable housing in Orange County; and
Whereas Orange County provided $20,000 in HOME investment Partnership Program
Funds to Owner to assist Owner, a low to moderate income first time homebuyer earning up to
80% of median income, purchase a home with HOME Investment Partnership funds; and
Whereas Orange County, to assure the long term affordability of these properties, caused
the property to be encumbered by various means including development agreements, declaration
of restrictive covenants, deeds of trust and promissory notes; and
submitted electronically by "Browning Law Firm, PLLC"
in compliance 19ith North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the orange county Register of Deeds.
RB6378 191 2/17
Whereas Owner now desires to transfer the property, located at 217 Broad Street in
Carrboro, North Carolina to Self Help (hereinafter referred to as the "Property"), and more
particularly described in EXHIBIT A, which is attached hereto and incorporated herein; and
Whereas the Declaration of Restrictive Covenants, found in the Orange County Register
of Deeds, Deed Book 2593, Page 561, provides that the owner may transfer the Property to a
non -profit corporation of like purpose which is organized and operated exclusively for charitable
and educational purposes and which has established its tax exempt status under Section 501
(e)(3) of the internal Revenue Code, subject to the requirements of the Development Agreement
which is attached to this document as EXHIBIT B and incorporated herein, the Declaration of
Restrictive, Covenants, and the Federal HOME Investment Partnership Program provided the
owner obtains written agreement, in a form satisfactory to Orange County, from the person
acquiring the Property, that such acquisition is subject to the requirements of the Declaration of
Restrictive Covenants, the Development Agreement and the Federal HOME Investment
Partnership Program; and
Whereas Orange County set aside One Hundred Thousand dollars ($100,000) in federal
HOME Investment Partnership Funds for Empowerment Inc., a not for profit corporation, to
assist low and moderate income, first -time homebuyers earning up to 80% of HUD area median
income purchase existing housing in Orange County as provided in the Development Agreement;
and
Whereas, Empowerment Inc. assisted Owner in purchasing the Property with $20,000 of
the HOME Investment Partnership Funds set aside by Orange County for the purpose of assisting
low and moderate income, first -time homebuyers earning up to $0% of HUD area median
income; and
Whereas a Deed of Trust and Security Agreement, found in Orange County Register of
Deeds, Deed Book 3165, Page 165, secures funds advanced by Orange County to Owner in the
principal sum of $20,000 for the Property (the "Deed of Trust ") and evidenced by a Promissory
Note (the "Note") dated the same date as the Deed of Trust, the final payment of which is due,
together with interest thereon, as provided in the Note; and
Whereas Owner now desires to transfer the Property to Self Help, a non -profit
corporation . of like purpose subject to the requirements of the Declaration of Restrictive
Covenants, the Development Agreement, the Deed of Trust, the Note and the Federal HOME
Investment Partnership Program, as such requirements relate to the Property; and
Whereas Self Help desires to accept the transfer of Property from Owner subject to the
requirements of the Declaration of Restrictive Covenants, the Development Agreement, the Deed
of Trust, the Note and the Federal HOME Investment Partnership Program, as such requirements
relate to the Property; and
Whereas Orange County consents to the transfer and acceptance of the transfer of
Property subject to the requirements the Declaration of Restrictive Covenants, the Development
Agreement and the Federal HOME Investment Partnership Program along with the assumption
R86378 IS2 3117
of the obligations contained in the Deed of Trust and the Note, as such requirements and
obligations relate to the Property;
NOW THEREFORE, Owner does hereby:
(1) give, transfer, assign, and deliver unto Self Help, a not for profit corporation, and
its successors, nominees and assignees all of its rights, title and interest, and all addenda,
modifications and amendments thereto, in and to the Property described in EXH113IT A.
(2) transfer to Self Help, its obligations, as such obligations relate to the Property,
contained in the Declaration of Restrictive Covenants, the Development Agreement, the Deed of
Trust and the Note, and the obligation to pay money due and to become due upon the Note, with
interest. Said assignment is subject to all terms and conditions found in the Deed of Trust, the
Note, the Declaration of Restrictive Covenants, the Development Agreement, and all addenda,
modifications and amendments thereto and shall remain in effect under this assumption and for
any successor Assignor or any successor Assignee who shall assume all duties and obligations of
the original borrower; provided, however, the parties hereby agree that if Self Help conveys the
Properly to another non -profit organization, subject to the Declaration of Restrictive Covenants
and the Development Agreement, as described in Section 1(a)(1) of the Declaration of
Restrictive Covenants, Orange County shall not unreasonably withhold its consent to such
conveyance,
IN WITNE, SS WHEREOF, the signatories below have caused this instrument to be signed in
their corporate names by duly authorized officers. By execution hereof, Orange County .
specifically consents to the assignments to Self Help contained herein. This the ba' day of June,
2017.
[SIGNATURE PAGES TO FOLLOW]
3 193 V17
ORANGE COUNTY, NORTH CAROL A,
/&Y"
Mark Dor sin, C '
Orange C untyBoard of Commissioners
ATTEST:
ler eputy Clerk
Clerk to the Board of Commissioners
Vpola Attoniey' Office
NORTH CAROLINA
ORANGE COUNTY
), 't p_ rj:S, tj&bA. a Notary Public of the County and State aforesaid,
certify that ers nally came before me this day and acknowledged that s/he is
Clerk/Deputy Clerk to the Board of Commissioners for Orange County, North Carolina and that
by authority duly given and as the act of said County, the foregoing instrument was signed in its
name by the Chair of said Board of Commissioners and attested by her/him as Clerk/Deputy
Clerk to said Board of Commissioners.
Witness my hand and notary seal, this the �q day of r ec11-g , 20 11,
Notary Publi
My Commission Expires: lb-l&- abR U
Donna S. Uo d
Notary P bllo
Alamance Q ppunty
I Borth Carp 1 a
res
RB6 73 1 4UUI611luiiiivaiiiiiiiuiiiiiiii
Self Help Ventures Fund
Name; /�,t�ppl�a� }
Title: # yri d- /rr5 :•� t-z�
NORTH CAROLINA
ORANGE COUNTY
I, IL,c6e -nrGIC %e q , Notary Public in and for the above named County
and State, do hereby certify that on this day personally appeared before me r j t �-
f t�n r a _•t� with whom I am personally acquainted, who, being by me duly sworA,
says that s1he is the Vice President of Self -Help Ventures Fund, and that by the authority duly
given and as the act of the corporation, the foregoing instrument was signed in its naive by its
Vice President.
Witness myhand and notary seal, this the 9 day of Qc�oL _ 20 M
eresa Dk;key
Notary PUW
•Durham County �� 4
North Carolina
Notary Publio
My Commission Expires: !/a Y- aoZ!?
OWNER
Myrtle illiams, wner
NORIIi CAROLINA
COUNTY
RB5373 195 61W
I, 14--dY& . "/P Notary Public in and for the above named County
and State, do hereby certify that on this day.personaliy appeared before me
(tAAI-A with whom I am personally acquainted, who, being Ify me, duly sworn,
says that she is the Owner, and that the foregoing instrument was signed her name.
Witness my hated and notary seal, this the `Z day of 20[�
Notary Public
My Commission Expires:
-f,r 1a „�.� l ��q�p�mu�ugORrle
L a Li __V�� �,.ea�
Exhibit A
BEGINNING at an iron stake in the West property line of Carr Street, the Southeast comer of
Lot No 23 which point is established by measuring 50 feet from the Southwestern intersection of
Carr and Fowler Streets; running thence along the line of the said Lot South 86 45' 00" West 150
Feet to an iron stake; running thence South 3 31' 46" East 50 Feet to an iron stake; running
thence North 86 45' 00" East 150 feet to an iron stake in the West property line of Carr Street;
running thence along the West property line of Carr Street North 2 31' 46" West 50 :Feet to the
BEGINNING being Lot 21 of BLOCK C of the HERBERT LLOYD Lands according to a
survey of Joyner Surveying/Mapping Co dated August 11, 1995, entitled Survey for PREVEXH.
FOUSHEE HEIRS, and being the same land conveyed to Prevex Foushee and Wife, Cora C
Foushee by Jeff Foushee and wife, Ella Mae Foushee, dated January 29, 1957 and recorded in
Hook 161, at Page 344 in the Orange County Registry
TM# 7 93.G.2
PIN # 9778 -97 -6220
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Exhibit E R86373 197 8117
DEVELOPMENT AGREEMENT
NORTH CAROLINA
ORANGE COUNTY
pE'VELO�MENT AGREEMENT
VIRBgI117��IIIIdIIIIIIIIVIIIIflI
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
ENROWERMEN'P, INC., a North Carolina non -profit housing organizati n Thereinafter
referred to as "EmPOWERment "). The effective date of this agreement is 5 t3
WITNE'SSTH
WHEREAS, the Orange County HOME Consortium has designated $100,000 in FY
2002 HOME funds for the purpose of providing second mortgage assistance for up to ten (10)
low and moderate income families assisted in their housing search by EmPOWERment, Inc.
WHEREAS, the County is the lead entity of the Orange County HOME Consortium, so
designated in an agreement dated July 1, 2002 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 wit 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 Pederal Program Requirements provided by the U,S,
Department of Housing and Urban Development; and
WHEREAS, EmPOWEkment intends to assist ten low and moderate income, first -time
homebuyers earning up to 80% of HUD area median income purchase existing housing in the
County as described in their 2002 HOME Program Proposal which is hereby incorporated into
this Agreement, and hereafter referred to as "The Project' ' included as EXHIBIT A; and
WHEREAS, a first -time homebuyer for the purposes of this program is defined as any
household earning up to 80% of HUD area median income that has not owned a home within the
past three (3) years including households living in manufactured housing not permanently
affixed to a foundation, or owner - occupants of homes not feasible for rehabilitation.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
representations contained herein, it is agreed beWmen the parties hereto as follows:
1. Project Activities
I.I. EmPOWERment assist qualified buyers whose income is up to 80% of the area
median household income by family size, as determined by the U.S. Department
of Housing and Urban Development locate first -time homeownership
opportunities among the existing housing stock.
1.2 The HOME funding provided by the County will be provided as a deferred
second mortgage to the individual families at the time of purchase, The HOME
NRUI37IU199UI10II7IIIIII�IiIIIIVIIIIIIIN
Program investment will be secured by a forty (40) year Deed of Trust and
Promissory Note, forgivable at the end of 40 years. This Deed of Trust and
Promissory Note shall constitute a lien on the Property, second only to the
Declaration of Restrictive Covenants described in paragraph 4 of this Agreement,
with the County as the secured party/beneficiary, The County agrees to
subordinate its Deed of Trust lien to a lien securing other private, first -time
permanent financing acquired by the homebuyer,
1.3 The period of affordability will be 99 years and will be secured by a Declaration
of Restrictive Covenants that will incorporate a right of first refusal that may be
exercised by EnROWERment and/ot Orange County,
1,4 EmPOWERment and/or its buyers shall be responsible for securing permanent
mortgage financing for the homes,
1.5 EmPOWF,Rment is responsible for verifying the income of the homebuyers,
explaining the second mortgage program to potential homebuyers and certifying
by written documentation signed by the homebuyer that the program requirements
have been fully explained. EmPOWERment shall maintain purchaser files as part
of its Books and Records as required and for the period of time required by
Section 6.c, of this Agreement,
1.6 Upon receipt of a request for HOME funds under this program, the County shall
review all submitted documentation within ten (10) working days and provide in
writing a preliminary response to the request. If the response is favorable and no
further documentation is necessary, the County will notify EmPOWERment in
writing of-the date funds will be available. If the County requests additional
information, the request for information must be satisfied in full before the written
notification of funding availability. Any new submission of material will trigger
the ten (10) working days response timeframe outlined above.
2. Time for Commencement and Completion. In addition, EmPOWERment agrees to
furnish to the County a copy of its annual audit, performed by a certified public
accountant within 90 days of the end of the fiscal year of expenditure of the HOME
Program Funding.
The Project completion date is the closing date of the purchase by a qualified buyer of the
last of the ten units to be purchased. In the event that EmPOWBRment is unable to
proceed with any aspect of the Project in a timely manner, and County and
EmPOWERment determine that reasonable extension(s) for completion will not remedy
the situation, then the Termination of Agreement provisions of this Agreement (Section
6.a.) shall pertain. EmPOWERment may, at its option, submit a written request for a
delay of completion for County approval. The County may, at its option, approve any
delay in the completion date or declare EmPOWERment in default.
R86373 200 11117
EmPOWERment shall monitor the purchased units for affordability for the period of
affordability — ninety -nine (99) years. Final contract completion date shall be the latest
end date of all assisted unit affordability periods.
3. Affordability Requirement, Each unit most remain affordable for a period of ninety -
nine years. EmPOWERmeht retains full responsibility for compliance with the
affordability requirement for assisted units, unless affordability restrictions are
terminated due to the sale of the Property to a non - qualified buyer in which event the
Resale Provisions of Section 4 of this Agreement pertain. EmPOWERment shall assure
compliance with affordability of assisted units by having recording, at the time it sells
each of the ten (10) dwelling units, a "Declaration of Restrictive Covenants" (EXHIBIT
B) 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 EmPOWERment to rerecord the Declaration of
Restrictive Covenants no later than one day before the expiration of 30 years of the date
of its sale of each of the ten dwelling units in the event the homeowner purchasing the
property from EnTOWERment is still the owner of the dwelling unit at the time of the
rerecording. 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 tune of the recording of the notice of
preservation. It is the intent of this Section of this Agreement that the 99 year
affordability requirement contained herein be accomplished and that EmPOWERment
and the County will do what is necessary to ensure that the same is not extinguished 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. Both EmPOWERment
and County agree to do what each must do to accomplish the 99 -year affordability
requirement.
4. Resale Provisions. EmPOWERment shall assure compliance with affordability of assisted
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:
4.1 If the buyer no longer uses the Property as a principal residence or is unable to
continue ownership, then the buyer must sell, transfer, or otherwise dispose of
their interest in the Property only to a qualified homebuyer, i.e., a low-income
household, one whose combined income does not exceed 80% 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, to use as their
principal residence,
4.2 however, if the property is sold during the term of affordability to a non - qualified
homebuyer, the Right of First Refusal provision of the New and Existing First-
RS8373 201 12117
Time Homebuyer Program portion 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.
4.3 The resale provision shall remain in effect for the full affordability period — 99
years.
5. Miscellaneous Provisions.
a. Termination of Agreement. The full benefit of the Project will be realized only
after the completion of the affordability periods for all properties constructed with funds provide
affordable units to low- income families. It is the County's intention that the full public benefit of
this project shall be completed under the auspices of EmPOWERment for the assisted units as
follows:
i, In the event that EmPOWERment is unable to proceed with any aspect of the Project
in a timely manner, and County and EmPOWERment determine that reasonable
extension(s) for completion will not remedy the situation, then EnTOWERment will
retain responsibility for requirements for any dwelling units assisted and County will
make no further payments to EmPOWERment.
ii. In the event that EmPOWERment, 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
EmPOWERment shall, upon the County's request, convey to the County the
properties assisted with funds, Conveyance shall beat the sole discretion of County
and on a dwelling unit by dwelling unit basis.
Conveyance of properties shall be bn the terms set forth herein:
Conveyance of properties shall occur within thirty (30) days of County and
EmPOWERment's agreement of EmPOWERment's inability to continue as a viable
organization. EmPOWERment shall convey the subject properties to County by
general warranty deed, free and clear of all liens and encumbrances of record except
those whicb create a beneficial interest in County (Declaration of Restrictive
Covenants and Deed of Trust).
b. Default, Remedies. 'This Agreement may be terminated by a non - 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
RB 202 13/17
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.
e. Boobs and Records. EmPOWERment shall maintain records of its grant
requirements under this contract for ninety-nine (99) years following the contract completion
date or until the last of the housing units that are part of the Project is sold to a nonqualified
buyer, whichever first occurs.
i. EmPOWERmeat shall ensure access to records and financial statements, as
necessary, to provide effective monitoring and evaluation of project performance. Upon
reasonable advance notice, County or its authorized representatives may from time to
time inspect, audit, and make copies of any of EmPOW Rment's records that relate to
this contract, If any audit by County discloses that payments to FmPOWERment were in
excess of the amount to which EmPOWERment was entitled under this contract,
EmPOWERment shall promptly pay to County the amount of such excess. If the excess
is greater than 1% of the contract amount, EmPOWERment -shall also reimburse County
its reasonable costs incurred in performing the audit.
ii, EmPOWERment shall maintain files of all buyers, regardless of length of
occupancy, residing in assisted units. Documentation shall verify eligibility for federal
assisted housing, at the point of initial closing on the unit, and every subsequent buyer
thereafter for the period of affordability. Information maintained shall include buyer
income level, ethnic data, female head of household, and disability status and Property
and Improvement purchase price.
iii. EmPOWERment shalt maintain records verifying the affordability of the assisted
units.
d. Notices. Any Notice shall be in writing and shall be given by depositing the same
W 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
R0. Box 8181
Hillsborough, NC 27278
ATTN: Director
ii. To EmPOWERment: EmPOWUment, Inc.
109 N. Graham Street, Suite 200
Chapel Hill, NC 27516
ATfN: Executive Director
Either the County or EmPOWERment may change the person or address to which any future
Notice shall be given as herein provided.
e. No Assignment, No transfer or assignment of the interest of EmPOWERment in
this Agreement shall occur without the prior written consent of the County; neither may
EmPOWERment assign this Agreement without the prior written consent of County.
f. Binding Effect, This Agreement shall be binding upon and shall inure to the
benefit of the parties hereto and their respective successors and assigns.
g. Indemnification. To the extent legally possible, EmPOWERment 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 EmPOWERment, its
employees, agents, officers, and contractors in connection with this contract. In the event any
such action or claim is brought against County, EmPOWERment shall, upon County's tender,
defend the same at EmPOWERment's sole cost and expense, promptly satisfy any judgment
adverse to County or to County and EmPOWERment jointly, and reimburse County for ariy loss,
cost, damage, or expense, including attorney fees suffered or incurred by County,
h. Subcontracting. EmPOWERment shall not subcontract work under this contract,
in whole or in part, without County's prior written approval. EmPOWERmont 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 obligations of EmPOWERment specified in this
contract. Notwithstanding County's approval of a subcontractor, EmPOWERment shall remain
obligated for full performance of this contract and County shall incur no obligation to any
subcontractor EmPOWERment shall indemnify, defend, and bold County harmless from all
claims of its contractors.
L No Joint Venture or Agency. The County and EmPOWERment each agree and
acknowledge that nothing contained herein or otherwise, including, without limitation, any act of
the County or EmPOWERment under this Agreement, shall be deemed or construed to create
any relationship of joint venture, partnership or agency between the parties,
j. 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 EmPOWERment of any of its obligations, agreements, or covenants
hereunder, shall be a waiver of such affected terns or condition or of such breach; nor shall any
forbearance by the County to seek a remedy for any breach by EmPOWERment be a waiver by
the County of its rights and remedies with respect to that or any other breach.
0373 204 161 7
k. 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.
1. 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 oar 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 bylaw. The County and
EmPOWERment 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 EmPOWERment 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.
m. Equal Opportunity. EmPOWERment 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 this
Project.
n. Readings. Headings are for convenience only and shall not be used to interpret or
construe Its provision.
o. 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.
P, 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.
q. 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, EmPOWERment 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.
r, Publicity; Signage. EmPOWERment 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.
S. 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.
t. No Third Party Rights. The parties hereto covenant and agree that nothing
contained in this Agreement or any act by the County or EmPOWERment shall be deemed or
construed by the parties or any third party to create any relationship of third party beneficiary,
including third party principal or agent, or to create any right, claim or cause of action against
the County, EmPOWERment or any of their respective officers, agents or employees by any
third party.
U. Conflict of Interest. I:mPOWERment agrees to abide by the provisions of 24
CFR 570.611 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.
WOWERment further covenants that in performance of this Agreement no person having such
a financial interest shall be employed or retainedby EmPOWERment hereunder. These conflicts
of interest provisions apply to any person who is an employee, agent, consultant,-or elected
official or appointed official of County, or any designated public agencies or sub - recipients that
are receiving funds under the HOME Investment Partnership Program.
V. 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.
R15 u1 t�206ul171 7uwiiwiiiiuiiuiuim
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,
COUN'T'Y OF ORANGE, NORTH CAROLINA
(SEAL.)
l
Jo Link, r., County Manager
ATTEST:
Donna Baker
Clerk to the Board of Commissioners
IZ=-ty
l,'County Attorney
This document has been preaudited in accordance with the N,C. LocaI Government and Fiscal
Contro ct.
Kenneth Chavious, Finance Director
NORTH CAROLINA
ORANGE COUNTY
This is to certify that on this day personally came before me B wt:- A e, with
whom I am personally acquainted, and being by me duly sworn, says that John M. Link, Jr, is the
County Manager of Orange County, NC, and that she the said Donna Baker, 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 County Manager of Orange County, NC 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 tl
Notary Pi bli
My commission expires: %00 - 13 a���