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HomeMy WebLinkAbout2023-026-E-Housing-The Community Empowerment fund-Use of home funds-subsidy typeNORTH CAROLINA ORANGE COUNTY DEVELOPMENT AGREEMENT This is an AGREEMENT between ORANGE COUNTY, a local governmental political subdivision of the State of North Carolina, (hereinafter referred to as the “County”) and The Community Empowerment Fund, a North Carolina non-profit corporation (hereinafter referred to as the “CEF”). The effective date of this Agreement is _______________. WITNESSTH WHEREAS, the Orange County HOME Consortium has designated $90,000 in FY 2022-23 HOME funds to provide down payment assistance for first-time homebuyers home ownership for an estimated (26) twenty-six households earning between thirty percent (30%) and eighty percent (80%) of the area median income located in Orange County in which are hereinafter designated collectively as “the Property” or “the Properties”; and WHEREAS, Orange County is the lead entity of the Orange HOME Consortium, so designated in an agreement dated July 1, 2011, 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 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 Federal Program Requirements provided by the U.S. Department of Housing and Urban Development; and WHEREAS, the Community Empowerment Fund (CEF) intends to provide down payment assistance for home ownership for first-time homebuyers earning between 30% and 80% of HUD area median income described in CEF’s FY 2022-23 Application for Funding, Orange County HOME Program dated, February 16, 2022 which is hereby incorporated into this Agreement as if written herein, and hereafter referred to as “The Project.” A copy of the HOME Program Applications are on file in the office of the Orange County Housing and Community Development Department; and WHEREAS, CEF intends to assist approximately 26 first-time homebuyers, who earn between 30% and 80% of HUD area median income, to purchase the housing units at the Properties; and WHEREAS, a first-time homebuyer for the purposes of this program is defined as any low-income household 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 and has lived or worked in Orange County for at least one year prior to the home purchase; WHEREAS, notwithstanding any provision of this Agreement, the County and the CEF hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or DocuSign Envelope ID: 5B8E357F-436A-4B92-B6EA-A3046F40AC7EDocuSign Envelope ID: 66442AA5-FA51-4D49-BD8A-B8CAFCBD6F8B site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of an environmental review and receipt by Orange County of a Release of Funds from the U.S. Department of Housing and Urban Development under 24 CFR Part § 58 if applicable. The parties further agree that the provision of such funds to the project is conditioned on Orange County’s determination to proceed with, modify, or cancel the project based on the results of a subsequent environmental review. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, it is agreed between the parties hereto as follows: I. USE OF HOME FUNDS/SUBSIDY TYPE A. The CEF shall perform the projects or tasks related to its allocation of HOME funds as provided in this Agreement, Exhibit A, Scope of Services, Exhibit B, Proposed Budget and Source of Funds and the Declaration of Restrictive Covenants the form of which is attached as Exhibit C. All Exhibits, attachments and addendums annexed hereto or referred to herein are hereby incorporated into and made a part of this Agreement as if set forth herein, as it now reads or as it may be modified by the Parties. B. The CEF may not request disbursement of funds under this Agreement until the funds are needed for payment of eligible costs. The amount of each request must be limited to eligible costs as determined by Orange County staff and may not exceed the amount needed. C. Said funds shall be disbursed by check payable to the CEF. D. HOME funds will be as a grant to each subject property as fixed subsidy. II. AMOUNT OF HOME FUNDS/LOAN TERMS A. The County shall make available to the CEF up to Ninety Thousand Dollars ($90,000.00) pursuant to this Agreement. B. Said funds shall be disbursed by the County to CEF for performance of the services described in Exhibit A. III. TIMELINESS CEF shall complete the Project by December 31, 2023. However, in the event of any alterations or additions or of circumstances beyond the control of CEF, which in the opinion of the Director of the County’s Department of Housing and Community Development will require additional time for completion of the Project, then in that case, the time of completion shall be extended by the County Manager in writing for a period DocuSign Envelope ID: 5B8E357F-436A-4B92-B6EA-A3046F40AC7EDocuSign Envelope ID: 66442AA5-FA51-4D49-BD8A-B8CAFCBD6F8B of time not to exceed six (6) months. Any further extensions will require the approval of the Orange County Board of County Commissioners. IV. DURATION OF THE AGREEMENT This Agreement will remain in effect for the Period of Affordability Period as provided in Section VI, Affordability Requirements. Upon termination or expiration of the Agreement, the Community Empowerment Fund must transfer to the County any HOME funds on hand at the time of expiration and any accounts receivable attributable to the use of HOME funds. V. AFFORDABILITY REQUIREMENTS Community Empowerment Fund agrees to provide down payment assistance for first- time homebuyers earning between thirty percent (30%) and eighty percent (80%) of the area median as determined during the initial eligibility period. Families may not earn more than 80% of the area median income at the time of sale of the property. Area Median Income by family size is determined by the U.S. Department of Housing and Urban Development and amended from time to time. CEF must follow the income determination procedures specified in the Orange County Homebuyer Underwriting Standards, in accordance with 24 CFR 92.203. The income determination procedure is incorporated below. The Declaration of Restrictive Covenants shall provide that each of the Project dwelling units must remain affordable, according to the requirements of the HOME Program, for the HOME Affordability Period of 5 years, after which time, each of the Project dwelling units must adhere to the requirements of the County’s Long-Term Housing Affordability Policy and continue to remain affordable for a period of ninety-nine years. CEF shall retain full responsibility for compliance with the affordability requirement for each of the Project dwelling units, unless affordability restrictions are terminated due to the sale of the Property to a non-qualified buyer and repayment of the HOME investment. If the original homebuyer(s) wish to sell or transfer the Property during the HOME Affordability Period, the HOME Resale Provisions of this Agreement pertain. In the event of a sale of the Property, CEF assures compliance with affordability requirements of each of the Project dwelling units as provided in the Declaration of Restricted Covenants on the Property. In the event that the original homebuyer(s) violate the HOME principal residence requirement, to include sale or transfer of the Property to a non- qualified buyer during the HOME Affordability Period, the Property will be found noncompliant with HOME requirements and the HOME investment must be repaid to the County. The Declaration of Restricted Covenants shall constitute and remain a lien on the Property during the entire period of affordability. The CEF agrees to retain full responsibility for compliance with the Affordability Requirements provided in Section IV.B above and the Recapture Provisions provided in Section 4B of Exhibit C, Declaration of Restrictive Covenants. CEF acknowledges they will act in good faith to remain in contact with the beneficiaries of CEF’s obligations. DocuSign Envelope ID: 5B8E357F-436A-4B92-B6EA-A3046F40AC7EDocuSign Envelope ID: 66442AA5-FA51-4D49-BD8A-B8CAFCBD6F8B VI. CEF’S PERFORMANCE UNDER THIS AGREEMENT A. CEF agrees and authorizes the County to conduct on- site reviews, examine client and contractor records, client applications and to conduct any other procedures or practices to assure compliance with these provisions. B. CEF agrees to not violate any State or Federal laws, rules or regulations regarding a direct or indirect illegal interest on the part of any employee or elected official of CEF in the Project or payments made pursuant to this Agreement. C. CEF agrees that to the best of its knowledge, neither the Project nor the funds provided therefore, and the personnel employed in the administration of the program shall be in any way or to any extent engaged in the conduct of political activities in contravention of Chapter 15 of Title 5, United States Code, referred to as the Hatch Act. D. CEF shall comply with audit requirements contained in 2 CFR, Subpart F which requires CEF to have an annual audit conducted within nine (9) months of the end of their fiscal year, if CEF has an aggregate expenditure of more than $750,000 in federal funds in a fiscal year. CEF shall submit to the County copy of said audit report. CEF shall permit the authorized representatives of the County, HUD and the Comptroller General of the United States to inspect and audit all data and reports of Owner relating to its performance under the Agreement. Any deficiencies noted in audit reports must be fully cleared by CEF within thirty (30) days after receipt of same. If CEF is not required to perform an audit per the 2 CFR, Subpart F requirements, it must have and maintain adequate internal financial/cash management principles and reporting policies. E. County shall provide, upon request, copies of all laws, regulations and orders cited in this Agreement. F. CEF and County shall at all times observe and comply with Title 24 CFR Part 92 and all applicable laws, ordinances or regulations of the Federal, State, County, and local government, which may in any manner affect the performance of this Agreement, and CEF shall perform all acts with responsibility to the County in the same manner as the County is required to perform all acts with responsibility to the Federal government. G. CEF hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of HOME funds in accordance with the policies of the County. Also, CEF certifies with respect to the Project that it will be conducted and administered in compliance with: 1.Title VI of the Civil Rights Act of 1964 (Pub. L. 88- 352, 42 U.S. C.§§ 2000d et seq.) and implementing regulations issued at 24 CFR Part I; DocuSign Envelope ID: 5B8E357F-436A-4B92-B6EA-A3046F40AC7EDocuSign Envelope ID: 66442AA5-FA51-4D49-BD8A-B8CAFCBD6F8B 2.Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-208, 42 U.S. C. §§ 2000d at seq.), as amended; and that CEF will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; 3.Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant hereto; 4.Section 3 of the Housing and Urban Development Act of 1968, as amended; 5.Executive Order 11246-Equal Opportunity, as amended by Executive Orders 11375 and 12086, and implementing regulations issued at 41 CFR Chapter 60; 6.Executive Order 11063- Equal Opportunity in Housing, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; 7.Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93- 112), as amended, and implementing regulations when published in effect; 8.The Age Discrimination Act of 1975 (Pub. L. 94135), as amended, and implementing regulations when published for effect; 9.The Fair Housing Act (42 U.S. C. 3601- 20); 10. Title II of the American Disabilities Act; H. CEF certifies by executing this Agreement that CEF has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147- 86.58. By executing this Agreement, CEF certifies that CEF has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147- 86.81. By executing this Agreement, CEF affirms that CEF is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. VII. ADMINISTRATION AND REPORTING REQUIREMENTS CEF shall submit to the County a quarterly Progress Report no later than the fifth day of the months of January, April; July; October until the activity has been reported completed. DocuSign Envelope ID: 5B8E357F-436A-4B92-B6EA-A3046F40AC7EDocuSign Envelope ID: 66442AA5-FA51-4D49-BD8A-B8CAFCBD6F8B VIII. MISCELLANEOUS PROVISIONS A. Uniform Administrative Requirements. CEF must comply with the applicable uniform administrative requirements of 24 CFR §92. 505. B. Other Program Requirements. CEF must carry out each activity in compliance with all Federal laws and regulations described in 24 CFR, Part 35 subparts A, B, J, K, M, and R, as applicable; 24 CFR, Part 92, subpart F for homeownership projects, including but not limited to the applicable property standards at 92. 251; and 24 CFR, Part 92, subpart H including but not limited to labor requirements prescribed in 92.354 and the lead hazard control requirements at 92.355, except that CEF does not assume the responsibilities for environmental review or intergovernmental review. Applicable property standards shall apply throughout the HOME Affordability Period. C. Affirmative Marketing. If HOME funds will be used for housing containing five (5) or more assisted units, the CEF must prepare and submit an Affirmative Marketing Plan to the County. D. Termination of Agreement. The full benefit of the Project will be realized only after the completion of the affordability periods for all Project dwelling units. It is the County's intention that the full public benefit of the Project shall be completed under the auspices of CEF for the assisted units as follows: 1.In the event that CEF is unable to proceed with any aspect of the Project in a timely manner, and County and CEF determine that reasonable extension(s) for completion will not remedy the situation, then CEF will retain responsibility for requirements for any dwelling units assisted and County will make no further payments to the CEF. 2.In the event that CEF, 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 CEF shall, upon the County's request, convey to the County the Property assisted with HOME funds. Conveyance shall be at the sole discretion of County and on a Project dwelling unit by Project dwelling unit basis. Conveyance shall be on the terms set forth herein: a. Conveyance shall occur within thirty (30) days of County and CEF’s agreement of the CEF’s inability to continue as a viable organization. b. CEF shall convey the Property to the County by general warranty deed, free and clear of all liens and encumbrances of record except DocuSign Envelope ID: 5B8E357F-436A-4B92-B6EA-A3046F40AC7EDocuSign Envelope ID: 66442AA5-FA51-4D49-BD8A-B8CAFCBD6F8B those which create a beneficial interest in County (Declaration of Restrictive Covenants and Deed of Trust). E. 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. Notwithstanding and in addition to the above, in accordance with 24 CFR 200.338 and 24 CFR 200.339, this Agreement may be suspended or terminated by the County, in whole or in part, if CEF materially fails to comply with any term of the Agreement. Remedies for breach of the provisions of this Agreement include but are not limited to repayment of any funds deemed to be expended in an ineligible manner. Repayment of HOME funds is required if the housing does not meet the affordability requirements for the HOME Affordability Period. F. Books and Records. CEF 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. 1. CEF shall ensure access to records and financial statements, as necessary, to provide effective monitoring and evaluation of project performance. Additionally, CEF shall submit a copy of its annual audit to the County. 2. Upon reasonable advance notice, County or its authorized representatives may from time to time inspect, audit, and make copies of any of the CEF’s records that relate to this contract. If any audit by County discloses that payments to CEF were in excess of the amount to which the CEF was entitled under this contract, CEF shall promptly pay to County the amount of such excess. If the excess is greater than 1% of the contract amount, CEF shall also reimburse County its reasonable costs incurred in performing the audit. 3. CEF shall maintain files of all homebuyers, regardless of length of occupancy, residing in assisted units. Documentation shall verify eligibility for federal assisted housing at the point of initial purchase. Information maintained shall include: tenant income level; name of family members; ethnic data; family type (e. g., female head of household); disability status; and monthly rent. 4. CEF shall maintain records verifying the affordability of the dwelling units. DocuSign Envelope ID: 5B8E357F-436A-4B92-B6EA-A3046F40AC7EDocuSign Envelope ID: 66442AA5-FA51-4D49-BD8A-B8CAFCBD6F8B G. 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: 1.To the County: Orange County c/o Housing and Community Development Dept. P.O. Box 8181 Hillsborough, NC 27278 ATTN: Director 2.To HOME Awardee: The Community Empowerment Fund 206 N. Columbia St. Suite 100 Chapel Hill, NC 27514 ATTN: Executive Director Either the County or CEF may change the person or address to which any future Notice shall be given as herein provided. H. No Assignment. No transfer or assignment of the interest of the CEF on this Agreement shall occur without the prior written consent of the County; neither may CEF assign this Agreement without the prior written consent of County. I. Conflict of Interest. CEF agrees to abide by the provisions of 24 CFR 92. 356(f) and 24 CFR 570.611, as applicable, 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. The CEF further covenants that in performance of this Agreement no person having such a financial interest shall be employed or retained by CEF hereunder. These conflicts of interest provisions apply to any person who is an employee, agent, consultant, or elected official or appointed official of the County, or any designated public agencies or subrecipients that are receiving funds under the Orange County HOME Investment Partnership Program. J. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. K. Indemnification. To the extent legally possible, CEF 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 CEF, its DocuSign Envelope ID: 5B8E357F-436A-4B92-B6EA-A3046F40AC7EDocuSign Envelope ID: 66442AA5-FA51-4D49-BD8A-B8CAFCBD6F8B employees, agents, officers, and contractors in connection with this contract. In the event any such action or claim is brought against County, CEF shall, upon County's tender, defend the same at CEF’s sole cost and expense, promptly satisfy any judgment adverse to County or to County and CEF jointly, and reimburse the County for any loss, cost, damage, or expense, including attorney fees suffered or incurred by the County. L. Subcontracting. CEF shall not subcontract work under this Agreement, in whole or in part, without the County's prior written approval. CEF 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 applicable obligations of CEF specified in this contract. Notwithstanding County's approval of a subcontractor, the CEF shall remain obligated for full performance of this contract and County shall incur no obligation to any subcontractor. CEF shall indemnify, defend, and hold County harmless from all claims of its contractors. By executing this Agreement CEF affirms that they and any subcontractors of CEF are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. CEF also certifies that they have not been identified, and have not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. § 147- 86.58. M. No Joint Venture or Agency. The County and CEF each agree and acknowledge that nothing contained herein or otherwise, including, without limitation, any act of the County and CEF under this Agreement, shall be deemed or construed to create any relationship of joint venture, partnership or agency between the parties. N. 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 CEF 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 CEF be a waiver by the County of its rights and remedies with respect to that or any other breach. O. 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. P. 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 DocuSign Envelope ID: 5B8E357F-436A-4B92-B6EA-A3046F40AC7EDocuSign Envelope ID: 66442AA5-FA51-4D49-BD8A-B8CAFCBD6F8B 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 CEF 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 CEF 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. Q. Equal Opportunity. CEF 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 the Project. R. Headings. Headings are for convenience only and shall not be used to interpret or construe its provision. S. 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. T. 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. U. 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, CEF 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. V. Publicity; Signage. CEF 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. W. 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. DocuSign Envelope ID: 5B8E357F-436A-4B92-B6EA-A3046F40AC7EDocuSign Envelope ID: 66442AA5-FA51-4D49-BD8A-B8CAFCBD6F8B X. No Third Party Rights. The parties hereto covenant and agree that nothing contained in this Agreement or any act by the County or CEF 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, the CEF or any of their respective officers, agents or employees by any third party. Y. 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. Z. Duration of Agreement. This Agreement shall be effective on the date of execution and shall remain in effect during the period of affordability required by the Act under 24 CFR Part 92. AA. Training. CEF agrees to attend training and/or technical assistance workshops provided by the County related to the administration of this Agreement and that the Department of Housing and Community Development deems mandatory. BB. Entire Agreement and Signatures: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. [SIGNATURES ON FOLLOWING PAGE] 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: DocuSign Envelope ID: 5B8E357F-436A-4B92-B6EA-A3046F40AC7EDocuSign Envelope ID: 66442AA5-FA51-4D49-BD8A-B8CAFCBD6F8B The Community Empowerment Fund _________________________________ Executive Director ORANGE COUNTY, NORTH CAROLINA _________________________________ Corey Root, Housing and Community Development Director _________________________________ Bonnie Hammersley, County Manager This document has been pre- audited in accordance with the N.C. Local Government and Fiscal Control Act. _________________________________ Gary Donaldson, Finance Director Approved as to form and legality _________________________________ Morgan Pierce, Staff Attorney Exhibit A SCOPE OF SERVICES DocuSign Envelope ID: 5B8E357F-436A-4B92-B6EA-A3046F40AC7EDocuSign Envelope ID: 66442AA5-FA51-4D49-BD8A-B8CAFCBD6F8B HOME funds will be used to provide down payment assistance for home ownership for an estimated 26 households earning between thirty percent (30%) and eighty percent (80%) of the area median income. Exhibit B PROPOSED BUDGET DocuSign Envelope ID: 5B8E357F-436A-4B92-B6EA-A3046F40AC7EDocuSign Envelope ID: 66442AA5-FA51-4D49-BD8A-B8CAFCBD6F8B Proposed Uses of Funds Down Payment Assistance $ 80,000.00 Program Management $ 10,000.00 Total Uses of Funds $ 90,000.00 Sources of Funds Orange County HOME funds $90,000.00 Total Sources of Funds $ $90,000.00 CEF may not request disbursement of funds under this Agreement until the funds are needed for payment of eligible costs. The amount of each request must be limited to eligible costs as determined by the County’s Housing and Community Development Department (“HCD"). Funds may be shifted between line items of the Project without prior approval of the County only to the extent of “Minor Adjustments,” defined as actions which do not result in a change in the Project and so long as such Minor Adjustments do not exceed ten percent (10%) of the line item total from which the funds are being removed or to which the funds are being added. DocuSign Envelope ID: 5B8E357F-436A-4B92-B6EA-A3046F40AC7EDocuSign Envelope ID: 66442AA5-FA51-4D49-BD8A-B8CAFCBD6F8B