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HomeMy WebLinkAboutAgenda - 06-19-2001-8r ' ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 19, 2001 Action Agenda Item No. $,.r SUBJECT: HOME Program -Second Mortgage Assistance ._.._.__ DEPARTMENT: Housing/Comm. Development PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Tara L. Fikes, ext 2490 Development Agreement Amendment TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To authorize the execution of a Development Agreement Amendment with Habitat for Humanity of Orange County, Inc. on behalf of the Orange County HOME Consortium to provide second mortgage assistance for one (1)low-income family and authorize the Manager to execute the document upon the approval of the County Attorney. BACKGROUND: The Orange County HOME Consortium, in May 2000, approved the FY 2000 HOME Program that included an allocation of $62,500 to provide second mortgage assistance for five (5) low-income families purchasing homes constructed by the non-profit agency, Habitat for Humanity of Orange County, Incorporated. The County approved a Development Agreement with Habitat on March fi, 2001 to govern the expenditure of these funds. As a result, second mortgages in the amount of $12,500 were provided to four (4) homebuyers at Chestnut Oaks in the Bingham Township and one (1) in the Efland Estates subdivision in Efland. First-time homebuyers with incomes at or below 50% of the area median income purchased these homes. Due to an amendment in the FY1999-2000 HOME Program design that was approved by the Board on May 1, 2001, an additional $12,500 is available to Habitat for one additional second mortgage. Habitat has identified slow-income homebuyer in Efland Estates to utilize this additional funding. As the lead entity for the Orange County HOME Consortium, the County must enter into a Development Agreement Amendment with Habitat for Humanity for the expenditure of HOME funds for this property acquisition. FINANCIAL IMPACT: This action will represent an expenditure of $12,500 from the 1999 HOME Program allocation. A Declaration of Deed Restriction, Promissory Note and Deed of Trust will secure the second mortgage in the amount of $12,500 on the property. RECOMMENDATION(S): The Manager recommends that the Board authorize the execution of a Development Agreement Amendment with Habitat for Humanity of Orange County, Inc. on behalf of the Orange County HOME Consortium to provide second mortgage assistance for one (1)low-income family and authorize the Manager to execute the document upon the approval of the County Attorney. NORTH CAROLINA 2 a ORANGE COUNTY AMENDMENT TO DEVELOPMENT AGREEMENT This is an amendment to the March 6, 2001 AGREEMENT ("the Development Agreement") between Orange County, a body politic and corporate, a political subdivision of the State of North Carolina, (hereinafter referred to as "County" or "the County") and Habitat for Humanity of Orange County, NC, Inc., a North Cazolina non-profit housing organization (hereinafter referred to as "Habitat"). The effective date of this amendment is June 19, 2001. WITNESSETH WHEREAS, the County and Habitat entered into a Development Agreement dated Mazch 6, 2001 for the purpose of providing second mortgages for five (5) low-income families purchasing homes built by Habitat for Humanity of Orange County, NC, Inc.; and WHEREAS, the County has reallocated approximately $12,500 in FY 1999 HOME funding to Habitat to fund a second mortgage for one (1) additional family purchasing a home built by Habitat; and NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, it is agreed between the parties hereto that all of the terms and - conditions of the Development Agreement aze herein reaffirmed and incorporated herein by reference and amended as follows: Paragraph 1.4 of the Development Agreement is rewritten to read as follows: Habitat is responsible for soliciting buyers for the six new dwelling units. Habitat and/or its buyers shall be responsible for securing permanent mortgage financing for the homes. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have set their hands and seals on the day and yeaz first above written. COUNTY OF ORANGE, NORTH CAROLINA (SEAL) John M. Link, Jr., County Manager ATTEST: Beverly A. Blythe Clerk to the Baazd of Connmissioners 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 John M. Link, Jr. is the County Manager of Orange County, NC, 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 County Manager of Orange County, NC 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 20~. My commission expires: (SEAL) ATTEST: Secretary NORTH CAROLINA ORANGE COUNTY Notary Public Habitat for Humanity of Orange County, NC, Inc. President 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 Notary Public 20 My commission expires: Approved as to form and legality Geoffrey Gledhill, County Attorney 4 This document has been preaudited in accordance with the N.C. Local Government and Fiscal Control Act. Kenneth Chavious, Finance Director amendmtagreehoh.doc