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HomeMy WebLinkAboutAgenda - 01-18-2001-6cORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 18, 2001 Action Agen a Item No. SUBJECT: Community Development Block Grant Award - Richmond Hills Infrastructure DEPARTMENT: Housing/Comm. Development PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Grant Agreement Funding Approval Form Signatory Form and Certification Development Agreement Grant Project Ordinance INFORMATION CONTACT: Tara L. Fikes, ext 2490 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To approve the execution of the Grant Agreement; Funding Approval Form; Signatory Form and Certification cards; and the Development Agreement for the FY 2001 Community Development Block Grant Award and adopt a Grant Project Ordinance for the award. BACKGROUND: Orange County has been notified of the award of a $250,000 Community Development Block (CDBG) Grant from the N.C. Department of Commerce. This grant award is part of a CDBG set-aside provided to counties participating in the TANF Housing Program which is a part of the Govemor's Next Steps Housing Initiative. Funds from this grant will be used to assist with the cost of infrastructure in the planned Habitat for Humanity Subdivision known as Richmond Hills in Efland. In its initial phase, the subdivision will provide first-time homeownership opportunities to twenty-five (25) low-income families. Construction in the Richmond Hills subdivision is expected to begin in the Spring of 2001. In order to proceed with grant activities, the attached Grant Agreement, Funding Approval form, and Signatory Form and Certification must be executed by the Chair of the Board and returned to the N.C. Department of Commerce. Additionally, the State requires the County to enter into a Development Agreement with Habitat for Humanity committing the organization to the construction of the twenty-five homes within the grant performance period of 24 months. Further, in order to receive the funds, a Grant Project Ordinance must be adopted by the BOCC. FINANCIAL IMPACT: This grant represents an additional $250,000 available for affordable housing initiatives in the County. RECOMMENDATION(S): The Manager recommends that the Board approve execution of the Grant Agreement; Funding Approval Form; Signatory Form and Certification cards; and the Development Agreement for the FY 2001 Community Development Block Grant Award and authorize the Chair to sign the documents on behalf of the Board. The Manager also recommends the adoption of the Grant Project Ordinance for this grant award. 2a North Carolina Department of Commerce ICA Division of Community Assistance Community Development Block Grant Program Grant Agreement. Housing Development (SD) Upon execution of this grant agreement, the North Carolina Department of Commerce (DOC) agrees to provide to the recipient Community Development Block Grant assistance under Title I of the Housing and Community Development Act of 1974, (P.L. 93-383), as amended, authorized by the DOC funding approval, the North Carolina Community Development Block Grant administrative rules, applicable laws and all other requirements of DOC now or hereafter in effect. The grant agreement is effective on the date the grant agreement and funding approval are signed by the recipient. The grant agreement consists of the approved application, including the certifications, maps, schedules and other submissions in the application, any subsequent amendments to the approved application and funding approval and the following general terms and conditions: 1. Definitions. Except to the extent modified or supplemented by the agreement, any term defined in the North Carolina Community Development Block Grant Administrative Rules, 4 NCAC 19L, shall have the same meaning when used herein. (a) Agreement means this grant agreement, as described above, and any amendments or supplements thereto. (b) Recipient means the entity designated as a recipient for grant assistance in the grant agreement and funding approval. (c) Certifications mean the certifications submitted with the grant application pursuant to the requirements of Paragraph (e) of Rule .0407 of the North Carolina Community Development Block Grant Administrative Rules, 4 NCAC 19L. (d) Assistance provided under this agreement means the grant funds provided under this agreement. (e) Program means the community development program, project, or other activities, including the administration thereof, for which assistance is being provided under this agreement. 3 (f) The date for receiving the grant means the date of the DCA Director's signature on the Grant Agreement and Funding Approval. 2. Obligations of the Recipient. The recipient shall perform the program as specified in the application approved by DOC. The recipient shall comply with the certification pursuant to Paragraph (e) of Rule .0407 of the North Carolina Community Development Block Grant Administrative Rules, 4 NCAC 19L. The recipient shall also comply with all other lawful.requirements of DOC, all applicable requirements of the General Statutes of-the State of North Carolina and any other applicable laws and Executive Orders currently or hereafter in force. 3. Obligations of Recipient with Respect to Certain Third Party Relationships. DOC shall hold the recipient responsible for complying with the provisions of this agreement even when the recipient designates a third party or parties to undertake all or any part of the program. The recipient shall comply with all lawful requirements of DOC necessary to insure that the program is carried out in accordance with the recipient's certifications including the certification of assumption of environmental responsibilities under Rule .1004 of the North Carolina Community Development Block Grant Administrative Rules, 4 NCAC 19L. 4. Conflict of Interest. I,pne of the following or their immediate family members, during the tenure of the subject person or for one year thereafter, shall have any direct or indirect finanbial interest in any contract, subcontract or the proceeds thereof for work to be performed in connection with the program assisted under this agreement: employees or agents of the recipient who exercise any function or responsibility with respect to the program, and officials of the recipient, including members of the governing body. The same prohibition shall be incorporated in all such contracts or subcontracts. The assistance provided under this agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining DOC approval of the application for such assistance, or DOC approval of applications for additional assistance, or any other approval or concurrence of DOC required under this agreement, or the North Carolina Community Development Block Grant Administrative Rules, with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not prohibited if otherwise eligible as program costs. 5. Reimbursement to DOC for Improper Expenditures. The recipient will reimburse DOC for any amount of grant assistance improperly expended. 6. Access to Records. The recipient shall provide any duly authorized representative of DOC, the federal Department of Housing and Urban Development (HUD), and the Comptroller General at all reasonable times access to and the right to inspect, copy, monitor, and examine all of the 2 4 books, papers, records, and other documents relating to the grant for a period of three years following the completion of all close-out procedures. 7. Project Savings. The recipient is obligated to contribute 100 percent of its pledged cash contribution to the CDBG project even if the project experiences a savings after authorized activities are completed. Any project savings accrue to the CDBG program. 8. _Method of Payment. The Department of Commerce uses the STEPS-OUT system for CDBG payments to units of local government. Payments on requisitions will be made only by electronic funds transfer. 9. Fair Housing. For each grant year that a CDBG is active, a recipient must describe the actions it will take in the areas of enforcement, education and removal of barriers and impediments to affirmatively further fair housing. Guidance for developing a Fair Housing Plan can be found in DCA Bulletin 93-4. 10. Equal Employment and Procurement Opportunity. A recipient must describe the actions it will take annually while the grant is open in the areas of enforcement, education and removal of barriers and impediments that affirmatively further equal access in employment and procurement. This includes a description of steps to be taken in the areas of aFivertisement, compliance and complaint tracking. 11. Local Economic Benefit (Section 3 Regulation). For each year that a CDBG is active, a recipient must describe a strategy whereby opportunities in employment and procurement arising out of a CDBG assisted project are identified and made available to low-income residents within the CDBG assisted area to the greatest extent feasible. This strategy must include (1) identification of training and technical assistance resources to prepare low-income residents for employment and procurement opportunities, (2) attempts to reach the numerical targets for new hires set forth in the Section 3 regulation, which applies to recipients receiving $200,000 or more in non-administrative line items expended for construction contracts of at least $100,000 per contract, and (3) education of low-income residents within the CDBG assisted area about the components and opportunities of the program. 12. Section 504 and ADA. Recipients must complete the Section 504 Survey and Transition Plan. This plan will not satisfy all the requirements of the Americans with Disabilities Act, but it will meet the minimum requirements for a CDBG assisted project. 13. Obli ation of Recipient With Regard to Vacant Units. The recipient shall ensure that all vacant units being rehabilitated will be occupied by a low or moderate income family by the time close-out occurs. 14. Utility Assessments or Fees: Assessments or fees to recover the CDBG funded portion of a utility project may be charged to properties not owned and occupied by low and moderate income persons. Such assessments are program income and, as 3 such, must be used for eligible CDBG activities that meet a CDBG national objective. 15. Release of Conditions and Contract Period (Not to Exceed 36 Months). The recipient must satisfy all conditions to release funds within six (6) months of receiving the grant. As noted in the application, the implementation period is 24 months, but under no circumstances must project completion exceed 36 months. Upon execution of this agreement by DOC and the recipient, the recipient hereby accepts the assistance on the terms of this grant agreement effective on the date indicated below, and further certifies that the official signing this document has been duly authorized by the recipient's governing body to execute this Grant Agreement. Secretary of the Department of Commerce Date: December 7, 2000 ® By: ?wu-- 1r1A,`?fQ William A. McNeil, AICP Director Division of Community Assistance Date: Name of Recipient 0 By: Signature of Authorized Official (Title) 4 6 North Carolina Division of Community Assistance Community Development Block Grant Program Funding Approval 1. Name and Address of Recipient Orange County Post Office Box 8181 Hillsborough, North Carolina 27278 2. Grant Number and Funding Approval Date Grant Number: 00-C-0744 Date of Original Funding Approval: December 7, 2000 Date of Amended Funding Approval: 3. Approved Projects Project Name Approved Amount Richmond Hills $250,000 T Total Grant Award: $250,000 4. Funding Approval Conditions The following conditions must be removed in writing by the Division of Community Assistance (DCA) in order for all funds to be released for the approved projects listed in item (3), above: A. Environmental Condition: No funds may be obligated or expended in any activity except for the payment of reasonable costs related to the planning, administration, engineering, design and environmental assessments for the approved project until the recipient has complied with the Environmental Review Procedures for the N.C. CDBG Program and the CDBG regulations contained in 4 NCAC 19L.1004. Orange County . 1 00-C-0744 7 FUNDING APPROVAL B. Citizen Participation and Compliance Condition: No funds may be obligated or expended in any project activity except for the administration activity until DCA is provided with the following documentation of compliance with citizen participation requirements in the application process [4 NCAC 19L.1002]: publisher's affidavits of notices for and minutes signed by the town (or the county as applicable) clerk of the two required public hearings. C. Fooodplain Condition: No funds may be obligated or expended in any project activity except for the administration activity until the recipient provides DCA with a certification that the project area is not in a floodplain; or with certification that the recipient participates in the flood insurance program, all properties assisted in the project will be covered for flood insurance prior to beginning construction on the property, and all public facilities will be constructed to comply with the applicable floodplain regulations. D. Use of Experienced CDBG Administrator: No funds may be obligated or expended in any project activity except the administrative activity until the recipient has submitted a statement that they will be using an experienced CDBG administrator, either local government staff, private consultant, regional planning commission staff or non-profit staff to administer the pr91ect. E. Administration Contracts/Inter-local Agreements Condition: No funds may be obligated or expended in any project activity except the administration activity until the recipient has submitted either a copy of the contract awarded. for administration of this grant or a statement signed by the CEO stating that the contract will be administered internally. F. Legaft Binding Commitment Condition: No funds may be obligated or expended in any project activity except for the administration activity until the recipient provides DCA with a copy of the legally binding commitment between Habitat for Humanity of Orange County, NC, Inc. and Orange County. G. Performance Based Contract Condition: No funds may be obligated or expended in any project activity except for the administration activity until the recipient has returned to DCA one copy of the properly completed Performance Based Contract. H. TANF Condition: No funds may be obligated or expended in any project activity except for the administration activity until the recipient describes how TANF families will benefit from the CDBG funds, the number TANF families to be assisted with CDBG funds and the performance standard by which success will be measured. Orange County 2 00-C-0744 8 FUNDING APPROVAL 5. Signature of Authorized Official -C - Name William A. McNeil Director, Division of CommunitY Assistance December 7, 2000 Title Date 6. Signature of Authorized Local Official 40 Name Title Date Orange County 3 00-C-0744 9 SIGNATORY FORM AND CERTIFICATION Recipient Name Orange Count Address: P.Q. Box 8181 Grant No. 00-C-0744 Signatures of individuals authorized to sign Requisition for Funds fonns. (Two signatures required on each requisition.) (Signature) (Signature) (Signature) John M. Link, Jr., Count Mana er (Typed Name) (Typed Title) Roderick Visser, Asst. County Manager (Typed Name) (Typed Title) Kenneth T. Chavious,'Finance Director (Typed Name) (Typed Title) (Signature) (Typed Name) (Typed Title) CERTIFICATION 1. () I certify that the signatures above are of the individuals authorized to sign Requisition for Funds form for the above recipient. Certifying Official + Title 2 () The goveming board has passed a resolution authorizing the persons above to sign Requisition for Funds forms for the above recipient. A copy of the resolution is.attached. I certify that the signatures above are those of the individuals authorized by resolution of the governing board of the recipient to sign Requisition for Funds.forms. Certifving Official + Title 10 NORTH CAROLINA ORANGE COUNTY DEVELOPMENT AGREEMENT 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 HABITAT FOR HUMANITY OF ORANGE COUNTY, NC, INC., a North Carolina non-profit housing organization (hereinafter referred to as "Habitat"). The effective date of this agreement is WITNESSTH WHEREAS, Habitat intends to purchase a 41 acre tract of land in the Efland-Cheeks community in Orange County (herein after referred to as the "Property"), and described in EXHIBIT A attached hereto and incorporated herein; and WHEREAS, Habitat intends to construct a 43 unit subdivision with dwelling units available to first-time homebuyers earning up to 80% of HUD area median income; 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. 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 $250,000 to used for the installation of infrastructure (water, sewer, streets) on the Property as detailed in the July 2000 Housing Development Application (herein after referred to as the "Project'); and NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, it is agreed between the parties hereto as follows: a. Habitat shall construct twenty-five dwelling units as defined in the Project, obtain all permits and licenses necessary to construct the homes on the Property, and comply with applicable building and zoning ordinances and the N.C. Housing Finance Agency Energy Standards. The Project shall be undertaken without residential displacement. b. Habitat shall sell the newly constructed dwelling units to 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 at the time of the sale. C. The CDBG funding provided by the County will be provided as a grant. d. The period of affordability will be 99 years and is secured by a Declaration of Restrictive Covenants located at Book /Page of the Orange County Registry II that incorporates a right of first refusal that may be exercised by Habitat and/or Orange County. e. Habitat is responsible for soliciting buyers for the dwelling units constructed on the Property. Habitat and/or its buyers shall be responsible for securing permanent mortgage financing for the homes built on the Property. f. Habitat is responsible for verifying the income of the homebuyers, explaining the affordability requirements and certifying by written documentation signed by the homebuyer that the program requirements have been fully explained. Habitat 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. 2. Progress Payments. The County shall make progress payments, when requested by Habitat, as the work progresses. Payments shall be based upon work completed and approved by County. Progress payment requests shall be based on actual costs incurred by Habitat identified in the Project Budget as described in July 2000 Housing Development Application. Payment requests shall be accompanied by copies of documentation for actual expenses. Request amounts shall be verified by the County for satisfactory completion prior to payment. 3. Time for Commencement and Completion. Actual construction must begin within six months of the date of this Agreement and must be completed by December 31, 2002. Habitat will be responsible for providing status reports to the County quarterly detailing the project activities until project completion. In addition, Habitat 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 each fiscal year until the Project is complete. The Project completion date is the closing date of the purchase by a qualified buyer of the last of the twenty-five units to be constructed for first time homebuyers. In the event that Habitat is unable to proceed with any aspect of the Project in a timely manner, and County and Habitat 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. Habitat 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 Habitat in default. Habitat shall monitor the constructed 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. 4. Affordability Requirement. Each unit must remain affordable for a period of ninety- nine years. Habitat 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 5 of this Agreement pertain. Habitat shall assure compliance with affordability of assisted units by having recording, at the time it sells each of the twenty-five dwelling units, a "Declaration of Restrictive Covenants" (EXHIBIT B) on the Property. This 12 Declaration shall constitute and remain a first lien on the Property during the period of affordability. It is further the responsibility of Habitat 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 twenty-five dwelling units in the event the homeowner purchasing the property from Habitat 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 time 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 Habitat 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 Habitat and County agree to do what each must do to accomplish the 99 year affordability requirement. 5. Resale Provisions. Habitat 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: 5.1 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. 5.2 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- 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. 5.3 The resale provision shall remain in effect for the full affordability period - 99 . years. 6. Miscellaneous Provisions. a. Termination of Agreement. The full benefit of the Project will be realized only 13 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 Habitat for the assisted units as follows: i. In the event that Habitat is unable to proceed with any aspect of the Project in a timely manner, and County and Habitat determine that reasonable extension(s) for completion will not remedy the situation, then Habitat will retain responsibility for requirements for any dwelling units assisted and County will make no further payments to Habitat. ii. In the event that Habitat, 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 Habitat shall, upon the County's request, convey to the County the properties assisted with funds. Conveyance shall be at the sole discretion of County and on a dwelling unit by dwelling ,unit basis. Conveyance of properties shall be on the terms set forth herein: Conveyance of properties shall occur within thirty (30) days of County and Habitat's agreement of Habitat's inability to continue as a viable organization. Habitat shall convey the subject properties to County by general warranty deed, free and clear of all liens and encumbrances of record except those which 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 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. C. Books and Records. Habitat shall maintain records of its grant requirements under this contract for a period of not less than five (5) full fiscal years following the contract completion date. i. Habitat 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 Habitat's records that relate to this contract. If any audit by County discloses that payments to Habitat were in excess of the amount to which Habitat was entitled under this contract, Habitat shall promptly pay to County the amount of such excess. If the excess is greater than I% of the contract amount, Habitat shall also reimburse County its reasonable costs incurred in performing the audit. ii. Habitat shall maintain files of all buyers, regardless of length of occupancy, residing in assisted units. Documentation shall verify eligibility for federal assisted 14 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. Habitat shall 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 in 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: i. To the County: Orange County c/o Housing and Community Development Department P.O. Box 8181 Hillsborough, NC 27278 ATTN: Director ii. To Habitat: Habitat for Humanity of Orange County, NC, Inc. P.O. Box 407 Hillsborough, NC 27278 ATTN: Executive Director Either the County or Habitat 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 Habitat in this Agreement shall occur without the prior written consent of the County; neither may Habitat 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, Habitat 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 Habitat, its employees, agents, officers, and contractors in connection with this contract. In the event any such action or claim is brought against County, Habitat shall, upon County's tender, defend the same at Habitat's sole cost and expense, promptly satisfy any judgment adverse to County or to County and Habitat jointly, and reimburse County for any loss, cost, damage, or expense, including attorney fees suffered or incurred by County. h. Subcontracting. Habitat shall not subcontract work under this contract, in whole or in part, without County's prior written approval. Habitat shall require any approved 15 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 Habitat specified in this contract. Notwithstanding County's approval of a subcontractor, Habitat shall remain obligated for full performance of this contract and County shall incur no obligation to any subcontractor Habitat shall indemnify, defend, and hold County harmless from all claims of its contractors. i. No Joint Venture or Agency. The County and Habitat each agree and acknowledge that nothing contained herein or otherwise, including, without limitation, any act of the County or Habitat 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 Habitat of any of its obligations, agreements, or covenants hereunder, shall be a waiver of such affected term or condition or of such breach; nor shall any forbearance by the County to seek a remedy for any breach by Habitat be a waiver by the County of its rights and remedies with respect to that or any other breach. 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 or 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 by law. The County and Habitat 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 Habitat 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. Habitat 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. Further, Habitat shall provide a Statement regarding the utilization of minority and women- owned businesses in the planning and development of the Project. This statement will be Exhibit D to this agreement. n. Headings. Headings are for convenience only and shall not be used to interpret or construe its provision. 16 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, Habitat 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. Habitat 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 Habitat 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, Habitat or any of their respective officers, agents or employees by any third party. U. 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. 17 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. COUNTY OF ORANGE, NORTH CAROLINA (SEAL) Stephen H. Halkiotis, Chair Orange County Board of Commissioners ATTEST: Beverly A. Blythe Clerk to the Board of Commissioners Approved as to form and legality Geoffrey Gledhill, County Attorney This document has been preaudited in accordance with the N.C. Local Government and Fiscal Control Act. , Kenneth Chavious, Finance Director 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 Stephen H. Halkiotis is the Chair 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 Chair of the Board of County 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 2001. Notary Public My commission expires: 18 Habitat for Humanity of Orange County, NC, Inc. (SEAL) President ATTEST: Secretary 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 is Secretary and that is President of Habitat for Humanity of Orange County, NC, 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 Secretary. Witness my hand and notarial seal, this the day of 2001. Notary Public My commission expires: 19 Community Development Block Grant/Richmond Hills Infrastructure Program Grant Project Ordinance Be it ordained by the Orange County Board of County Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project is hereby adopted. Section 1. The project authorized is the Community Development Block Grant (CDBG)/Richmond Hills Infrastructure as awarded to the Orange County Housing and Community Development by the North Carolina Department of Commerce. The primary focus of the program is to assist with the cost of infrastructure installation (water and sewer) in the planned Habitat for Humanity subdivision, Richmond Hills in Efland. Section 2. The officers of the County are hereby directed to proceed with the grant project within the grant document, the rules and regulations of the North Carolina Department of Commerce. Section 3. The following revenue is anticipated to be available to complete this project: I - CDBG (Ridmnd Hz& Ir#ra bumwo $250,000 Section 4. The following amount is appropriated for this project: Irma n Services -Ric hmo nd I-A bzfin struc tine $250,000 Section 5. The finance officer is hereby directed to maintain within the Grant Project sufficient specific detailed accounting records to provide the accounting to the grantor agency required by the grant agreement and federal and state regulations. Section 6. Funds may be advanced from the General Fund for the purpose of making payments due. Reimbursement requests should be made to the grantor agency in an orderly and timely manner. Section 7. Copies of this grant project ordinance shall be made available to the finance officer for direction in carrying out this project. Section 8. No full-time equivalent County positions are related to this grant. Section 9. This project period goes through June 30, 2002. Adopted this 18" day of January 2001.