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HomeMy WebLinkAboutAgenda - 10-17-2000-8f ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 17, 2000 Action Agenda Item No. ~_ SUBJECT: HOME Pro ram -Pro ert Ac uisition DEPARTMENT: Housing/Community Dev. PUBLIC HEARING: (Y!N) No ATTACHMENT(S): Letter from Habitat for Humanity Development Agreement 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 authorize the execution of a Development Agreement with Habitat for Humanity of Orange County, Inc. on behalf of the Orange County HOME Consortium for the acquisition of real property in Orange County and authorize the Manager to execute the document upon the approval of the County Attorney. ~ -- BACKGROUND: The Orange County HOME Consortium, in May 1999 approved the FY 1999 HOME Program that included an allocation of $50,000 for property acquisition by the non-profit agency, Habitat for Humanity of Orange County, Incorporated. The agency intends to purchase a 2.5 acre tract on Rusch Road in the Chapel Hill Planning area, near New Homestead Place, Habitat's most recently completed subdivision, and develop five single family houses with the necessary infrastructure. The five, new dwelling units will be sold to first-time homebuyers at or below 50% of area median income. The total land acquisition cost is $67,000 and the current tax value of the property is $68,062. Total project costs are estimated- at $772,500. Habitat intends to finance the rest of the project with funds from other funding sources. As the lead entity for the Orange County HOME Consortium, the County must enter into a Development Agreement with Habitat for Humanity for the expenditure of HOME funds for this property acquisition. FINANCIAL IMPACT: This action will represent an expenditure of $50,000 from the 1999 HOME Program allocation. The $50,000 will be used by Habitat to acquire the property and will be secured by a note and deed of trust on the property. After the five lots are developed for first-time homebuyers, the initial assistance ($50,Q00) will be converted to second mortgages in the amount of $10,000 for each of the five homebuyers. RECOMMENDATION(S): The Manager recommends authorizing the execution of a Development Agreement with. Habitat for Humanity of Orange County, Inc. on behalf of the Orange County HOME Consortium for the acquisition of real property in Orange County and authorize the Manager to execute the document upon the approval of the County Attorney. zQ Habitat for Humanity Orange County, NC, Inc. P.O. Box 9S9 • Fiillsbo=ough, NC 27278 • (919) 732~7b7, Fi-x: (919) 732-2337 • ochabitat®aol.com ~~~ ocr o 4 zooo October 2, 2000 TO: Tara Fikes, Director, Housing and Community Development, Orange County FROM: Susan Levy, Executive Director, Habitat for Humanity, Orange County RE: Request for $50,000 in HOME funds for purchase of property Habitat for Humanity, Orange Co., NC, Inc. (HHOC) proposes to use $50,000 from our 1999-2000 allocation of HOME funds to purchase a 2.5 acre tract on Rusch Road in the Chapel Hill planning area, near New Homestead Place, the eleven home subdivision off of Rogers Road which we recently completed. Upon completion of the first five homes in the subdivision, the $50,000 will convert to second mortgages to the five homebuyers in the amount of $10,000 each. HHOC has a contract to purchase the property from the curreat owner, David Caldwell Sr., which is attached. We have done the initial investigative work (environmental review and title search) aad expect to close on the property in mid- November. The estimated project cost to purchase the land, construct the roads, water and sewer, and build the first five homes is approximately $772,500. Funding for the proposed project will come from a number of sources. Application and approval for funding fronx sources such as the Town of Chapel Hill Community Development Program, the newly established Orange County Housing Trust Fund, and Habitat For Humanity's SHOP will follow the fixnding cycles established by those agencies. Based on HHOC's past track record, we feel confident that we will be able to obtain the necessary funding to complete the project. 3 Site Information The 2.5 (approximate) acre site is located on Rusch Road off of Rogers Road within the Chapel Hill planning jurisdiction, between Eubanks Road and Homestead Road. Access to the site would be at the eastern end of Rusch Road. The parcel abuts residential properties on the south side of Purefoy Drive. The characteristics of the site include primarily gentle slopes and mostly second or third growth, woodlands. A preliminary site plan for approximately 16 homes has been prepared by Phil Post of Philip Post and Associates, and is attached to this proposal. The site plan assumes use of the Town of Chapel Hill's recently adopted zoning district for affordable housing, which allows up to 12 units per acre. Access to sewer lines would be from the south, at the terminus of lines constructed by HHOC for our New Homestead Place subdivision. A pump station may be required near the southeast corner of the property, since our current estimations of the elevations at the two connections would not permit use of a gravity fed system. However, we are still investigating all of our options regarding sewer to the site. HHUC will construct the five affordable homes using our typical combination of volunteer and subcontracted labor. The house construction budget is based on current costs, with a 3% inflation factor added in, since house construction is not scheduled to begin unti12003. At this time, we plan far the homes to be single story detached, with approximately 1,080 square feet for a three bedroom home and 1,200 for a four bedmom plan. All will have 1 %z or 2 baths. All will meet the NC Housing Finance Agency's Energy Efficiency Requirement. All homes will also meet Habitat for Humanity International's minimum accessibility requirements. HHOC is currently working with NC State's Center for Universal Design to design and build accessible homes, and we plan to incorporate elements of universal design and accessibility in all of our future homes. Market Demand The five homes will be sold to families earning at or below SO% of the area median income. Because the site is within the Chapel Hill-Carrboro school district, and is close to services and places of employment, there will be a high demand for these homes among the buyers that HHOC serves. HHOC recently built eleven homes in New Homestead Place off of Rogers Road, in close proximity to the Rusch Road site. We had no dii3iculty in identifying qualified buyers for those eleven homes. z PROPOSED TIMETABLE For Rurch Road Affordable Flouring Subdivision November 2000 March 2001 June 2001-Apri12002 May 2002 July 2002 Apri12003 December 2003 dl Purchase Property 3ZRequest Use of Special Zoning District-Town of Chapel Hill dZSubdivision Review /Zoning Compliance Permit dZCompetitive Bidding for Infrastructure Construction dlInfrastructure Construction Begins dZHome Construction Begins on First 5 Homes dZFirst S Homes Completed/Sold 5 HABITAT FOR HUMANITY OF ORANGE COUNTY PRELIMINARY BUDGET For Rusch Road Subdivision Phase I- Purchase Land, Build InfrastruMure, Complete first 5 homes Proposed Uses of Funds Land Acquisition 67,000 Closing Casts (appraisal, legal, environmental rev.) 7,500 Design, Engineering, and Surveying 75,000 Infrastructure Costs Streets, Sidewalks (includes clearing,grading, storm drainage, emsion control) 168,000 Water Lines 31,000 Sewer Lines, including pump station 86,000 Landscaping/Recreation 5,000 Sab-Total, Infrastructure Coats 290,000 Contingency (20%) 5$,000 Total Infrastructure Construction Costs 348,000 Construction of 5 single family homes @ 555,000 per home 275,000 Total Development Cost 772,500 4 Habitat for Humanity, Orange County, NC, Inc. PRELIMINARY BUDGET For Rusch Road Subdivision PHASE I-Purchase property, build infrastructure, complete first 5 homes Proposed Sources of Funds Orange CountyHOME Funds (99-00) 50,000 Habitat for Humanity of Orange County Partnership Funds 125,000 Habitat for Humanity International/HLJD Self-Help Opportunity Program (SHOP) 150,000 Community Development Block Grant Funds 200,000 Orange County Housing Trust Fund 50,000 Habitat for Humanity, Orange County (program income) 197,500 Tots! Sources of Fonds $ 7~~500 I I 7.18..1A ~ '! 7.18..18 i ,i 7.18.,19` '~ 7.18..21A - I _ - _ ~, ' ~" ~ / ~~ / ~.~/ ~~.~ - :' -~_. .---~..~ ____, , ' ', 7.18.:21 7.18..28 _____.._7.18..28 ~ ---,-7.18..x$ /' / I i I__~J, 7.1$..25 `~_ _ ~ ~ ._ 7.18..23A 7.18..22 .24..2 I -----`.--__._.^--___ - 'I 7.23.D.14 7. G r ~~ Selected Parcels ~~ Background Info IInnI1N1I1111 w~l~e 7.za..SA 7.24..5C 7.24..8 ti' PROPERTY MAP This map contains pareels prepared for the irnentory of real property within Orange County, and is compiled from recorded deeds. plats, and 'other public records and data. Users of this map are hereby notified that the aforementicned public primary inforrnatian sources should be consulted far verification of the information contained on this map. The County and Its mapping companies assume no legal responsibility for the information contained on this map. Map Scale : 1' = 669' DATE: 10 deb 9915:08:30 Wednesday n__~~~~J n.. A~~~~.~ f+~..~r. n~~aMl 1 ...J ~~wwr.~w/P_I@ /l~.rn `~7.23.D.101 ,~~- 8 NORTH CAROLINA ~--, ,--, ~-'-, _~ ; .~ I,'~ ':~ s I~ ~~ 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 Cazolina non-profit housing organization (hereinafter referred to as "Habitat"). The effective date of this agreement is WITNESSTH WHEREAS, the Orange County HOME Consortium has designated $50,000 in FY 1999 HOME funds for the purpose of conveying these funds to assist with acquisition of a 2.5 acre tract of land in the Chapel Hill Township in Orange County hereinafter referred to as the "Project", which property is more particularly described in Exhibit A attached hereto and made a part of this Agreement (hereinafter referred to as the "Property") ; WHEREAS, the County is the lead entity of the Orange County HOME Consortium, so designated in an agreement dated July 1, 1997 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 Federal Program Requirements provided by the U.S. Department of Housing and Urban Development; and WHEREAS, Habitat intends to develop five single family dwelling units on the property with the necessary infrastructure with dwelling units available to first-time homebuyers earting up to 50% of HUD area median income as described in their HOME Program Request dated October 2, 2000 which is Exhibit B to this Agreement; and hereafter referred to as "the project". WHEREAS, afirst-time homebuyer for the purposes of this program is defined as any household earning up to 50% of HUD azea 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 between the parties hereto as follows: 1, a. The property to be acquired must have a value that does not exceed 95°Io of the azea median purchase price for that type of housing. Value must be established by one of the following methods: 9 i. An appraisal by a qualified appraiser. ii. Tax assessment may be used to establish value, but only if they are current and can be computed at 100% of market value. b. Habitat shall construct the dwelling units 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. c. Habitat shall sell the newly constructed dwelling units to qualified buyers whose income is up to 50% 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. d. The HOME funding provided by the County will be provided as a deferred second mortgage transferable to the individual families at the tame of sale to them. The bond 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 on the Property to a lien securing private construction financing acquired by Habitat in order to complete the project. d. At the time of closing of the sale of each of the dwelling units to a homebuyer, Habitat shall repay the County $10,000 in the form of a credit to the homebuyer. The credit to the homebuyer shall be documented by a Promissory Note from the homebuyer to the County which note shall be secured by a Deed of Trust on the Property naming the County as beneficiary. The County agrees to subordinate its Deed of Trust lien to a lien securing private permanent financing acquired by the homebuyer. e. 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 Habitat and/or Orange County. £ Habitat is responsible far 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. g. Habitat 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. Habitat shall maintain purchaser files as part of its Books and Records as required and far the period of time required by Section (.c. of this Agreement. 10 2. Time for Commencement and Completion. Habitat, Incorporated must submit a sound, site-specific development proposal for developing the Property including committed funding sources by June 15, 2001. Actual construction must begin within three (3) years of the date of this agreement. Habitat will 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 C.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. 3. 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 anon-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 C) 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 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 o€ 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 ll possessory interests in real property. Both Habitat and County agree to do what each must do to accomplish the 99 year affordability requirement. 4. Resale Provisions. Habitat shall assure compliance with affordability of assisted units through the Declazation of Restrictive Covenants. The Declazation 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., aloes-income household, one whose combined income does not exceed 80°Io 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 anon-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 cast, (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 far 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 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 ar insolvency of the organization, its filing a petition for bankruptcy or similaz proceedings, or is adjudged bankrupt or fails to comply or perform with provisions of this agreement, then Habitat shall, upon 12 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 anon-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. Banks 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 1% 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 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 13 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 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 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. 14 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 aze independent of and sepazable 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 business in the planning and development of the Project. This statement will be Exhibit D to this agreeoDent. n. Headings. 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. 15 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 ar Habitat shall be deemed or construed l}y 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. 16 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) John M. Link, Jr., County Manager ATTEST: Beverly A. Blythe Clerk to the Boazd 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 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 Boazd 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 2000. Notary Public My commission expires: 17 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 Secretazy and that is President of Habitat for Humanity of Orange County, NC, Inc., a North Cazolina 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 2000. Notary Public My commission expires: