NORTH CAROLINA ATTACHMENT
1
ORANGE COUNTY
Orange
County HOME Consortium
HOME
Investment Partnership Program Consortium Agreement
THIS AGREEMENT made and entered
into by and among the County of Orange (hereinafter “County”), the Town of
Carrboro, the Town of Chapel Hill, and the Town of Hillsborough (hereinafter
“Towns”), each being a general local governmental unit of the State of North
Carolina, and is made pursuant to North Carolina Statutes, Article 20 of
Chapter 160A.
WHEREAS,
County and Towns agree that it is desirable and in the interests of their
citizens to secure approval by the federal government to be considered as a
consortium under the federal HOME Program operated by the U.S. Department of
Housing and Urban Development as authorized under the HOME Investment
Partnership Act, Title II of the Cranston-Gonzalez National Affordable Housing
Act of 1990, as amended;
NOW, THEREFORE, the County and
the Towns agree as follows:
Section 1. Definitions
The definitions contained in 24
CFR Part 92, Subpart A, paragraph 92.2 are incorporated herein by reference and
made a part hereof, and the terms defined in this section have the following
meanings given them:
- “Act” means Title II of the Cranston-Gonzalez
National Affordable Housing Act, as amended (42 U.S.C. 12701 et. seq.).
- “Consolidated Plan” means the Consolidated Plan
for Housing and Community Development Programs as established in the Act and
prepared and adopted by the County and Towns, as amended from time to time.
The Plan describes the needs, resources, priorities and proposed activities to
be undertaken with respect to HUD Programs, including the HOME Program.
- “Federal HOME Program” means a procedure
established for the use of funds made available from HUD through the Act to carry
out multi-year housing strategies through assistance to first-time homebuyers
and existing homeowners, property acquisition, rehabilitation and new
construction of housing, site improvements, tenant-based rental assistance,
demolition, relocation expenses and other reasonable and necessary expenses
related to the development of affordable housing.
- “HUD” means the United States Department of Housing
and Urban Development.
- “Regulations” means 24 CFR Part 92 HOME Investment
Partnerships Program Implementing Regulations as issued by HUD.
- “Federal HUD Consortium” means a consortium of
units of general local governments bound by the terms of a HOME Investment
Partnership Act Consortium Agreement for the purpose of participating in the
Federal HOME Program and receiving funds as authorized in the Federal Program
Regulations.
- “Federal Program Requirements” means documents
issued by the U.S. Department of Housing and Urban Development describing the
regulations and requirements of the HOME Program in order for funds to be
awarded to participating jurisdictions as authorized in the Act.
Section II.
Purpose
This Agreement is to form a
Consortium of units of general local government within Orange County for designation
as a Federal HUD Consortium under the Act and the Federal Program
Requirements of the Act. The said Consortium is known and hereinafter may be
referred to as the Orange County HOME Consortium (hereinafter “OHC”).
Section III. Agreement.
- The term of this Agreement begins with the effective
date of July 1, 2008 and ends June 30, 2011. Subject to the requirements of
Paragraph D of this Section, the County and Towns agree that the terms of this
Agreement cover the period necessary to carry out all activities that will be
funded from funds awarded during three federal fiscal years (2008, 2009, 2010)
and that all members of OHC will remain in OHC for the entire period. The
Agreement remains in effect until the HOME funds from each of the federal
fiscal years of the qualification period are closed out pursuant to 24 CFR
92.507.
- The OHC Program Review Committee is authorized to
provide policy oversight for planning, operations, and evaluation of OHC and
the HOME Program. The Manager or his/her designee from each participating unit
of local government and one (1) elected official from each jurisdiction shall
be a member. The OHC Program Review Committee shall prepare a proposed HOME
program design each year and consortium program application to HUD, in
compliance with the Act, the Regulations, and the Federal Program Requirements,
including reallocation of any funds from previous years not expended or any
repayments or other program income consistent with this Section. Each year’s
proposed HOME program design and the consortium program application should be
consistent with the Consolidated Plan. Each year’s program design shall be
subject to the approval of each consortium member’s elected board. The
proposed HOME program design will define a strategy in sufficient detail to
accommodate the collective and individual needs and priorities of the County
and Towns.
The OHC Program Review Committee shall also
review the Consolidated Plan Update each year and any amendments needed, and
present these changes and amendments to each consortium member’s elected board
for approval and submission to HUD and to the State.
All consortium members must approve the HOME
program design and any Consolidated Plan amendments prior to their submission
to HUD.
- The County and Towns mutually agree that the County
shall act as the Lead Entity in a representative capacity for all members of
OHC for the purposes of the Act and as further defined in the Federal Program
Requirements for funding provided directly by HUD. The County, in its capacity
as lead entity, is authorized to enter into an agreement with HUD. The Chair
of the Orange County Board of Commissioners, chief elected official of the Lead
Entity, acting on behalf of OHC, is authorized to submit an application for
funding under the federal HOME Program, consistent with the approved HOME
program design for each year. The County, as Lead Entity, is authorized to
enter into agreements with non-profit organizations receiving funding under an
approved HOME program design.
- The County and Towns mutually agree that the County
as Lead Entity shall assume overall responsibility for ensuring that the OHC
HOME program meets the requirements concerning the Consolidated Plan is
accordance with HUD regulations in 24 CFR Parts 92 and 91, respectively, and the
requirements of 24 CFR 92.350(a)(5); and further, ensuring that the OHC HOME
program is carried out in compliance with the requirements of the Act, the
Regulations and the Federal Program Requirements. The Towns agree to assist
the County in maintaining compliance with the Act, the Regulations, and the
State and Federal Program Requirements for the full compliance period,
extending to and continuing beyond the expiration of this Agreement.
- If any new entities join OHC, the County as Lead
Entity agrees to notify HUD in writing and to provide a copy of the authorizing
resolution from the new members’ governing body and an amendment to this
Agreement signed by the chief executive officer of the new member. The County,
as Lead Entity, is authorized by this agreement to amend this Agreement on
behalf of the entire consortium to add new members to OHC.
- The
County and the Towns mutually agree that the OHC’s HOME program will provide
fair and ample opportunity for all members of the consortium to access the
funding brought to it in an amount that shall be determined by the State, and
that the County and Towns shall be given ample opportunity to comment on and
approve the distribution of all funding made available through the OHC.
- The County as Lead Entity will finance the costs of
administering the HOME Program for OHC to the extent of appropriations. The
County shall establish the HOME Investment Trust Fund as specified in 24 CFR
Part 92.500, and will participate in the Integrated Disbursement and Information
System and other accounting and compliance procedures as required by HUD.
- If local matching funds are required by HUD, the
County and Towns mutually agree that the matching funds shall be provided in
accordance with the following formula:
- Orange County -- 40%
- Town of Carrboro -- 14%
- Town of Chapel Hill -- 41%
- Town of Hillsborough -- 5%
- HOME funds invested in affordable housing shall
be repaid if the housing does not meet the affordability requirements of
Section 92.252 and Section 92.254 of the Regulations or if the housing ceases
to qualify as affordable housing before the period of affordability expires.
If HUD, in accordance with Section 92.503 of the Regulations, requires OHC to
repay HOME funds awarded, the County and Towns agree that the payments will be
made in accordance with the formula specified in Paragraph H of this Section.
- Any repayment of HOME funds, loans or other
program income generated from funds received through the HOME Program, shall be
returned to the HOME Investment Trust Fund established by the Lead Entity and
reallocated by the OHC Program Council during the next HOME program design
process following receipt of the repayments or other program income, to the
extent allowed by the Regulations and Federal Program Requirements.
- The County and Towns agree to comply with all
Regulations, Federal Program Requirements, and OHC HOME program design features
and requirements.
- This Agreement shall be executed by the
appropriate officers of the County and Towns pursuant to authority granted them
by their governing bodies.
- To the maximum extent permitted by law, each Town
which is a party to this Agreement shall indemnify and hold harmless the County
and other Towns, and their officers, officials, and employees, from and against
any and all costs, damages, liabilities, claims, losses, judgments or expenses,
including reasonable attorneys fees, arising in any manner from or as a result
of any activities by or on behalf of the Towns under this Agreement other than
as provided for in Paragraph I of this Section, provided, however, that nothing
in this paragraph indemnifies and holds harmless the County and other Towns
from and against any costs, damages, liabilities, claims, losses, judgments or
expenses, including reasonable attorneys fees, arising in any manner from or as
a result of negligent acts or omissions of the County, and other Towns or their
officers, officials, and employees. Likewise, the County shall indemnify and
hold harmless the Towns, and the Towns’ officers, officials, and employees,
from and against any and all costs, damages, liabilities, claims, losses,
judgments or expenses, including reasonable attorneys fees, arising in any
manner from or as a result of any activities by or on behalf of the County
under this Agreement other than as provided for in Paragraph I of this Section,
provided, however, that nothing in this paragraph indemnifies and holds
harmless the Towns from and against any costs, damages, liabilities, claims,
losses, judgments or expenses, including reasonable attorneys fees, arising in
any manner from or as a result of negligent acts or omissions of the Towns, or
the Town’s officers, officials, and employees.
- The County and Towns certify that they will adhere
to all federal and state regulations pertaining to the disposition of real
property, if any real property is acquired by the County or Towns with funds
authorized under the Federal HOME Program Requirements.
- This Agreement shall be construed in accordance with
and governed by federal law and by the laws of the State of North Carolina not
inconsistent with federal law. Any litigation arising out of this Agreement
shall be brought in courts sitting in North Carolina, with venue in Orange County.
- This Agreement shall be amended by mutual
agreement of all parties in writing.
- OHC and the parties to this agreement are bound by
the terms of this Agreement for the purpose of participating in the Federal
HOME Program and agree to cooperate to undertake or to assist in undertaking
housing assistance activities for the Federal HOME Program, and agree to
receive funds as authorized in the Federal Program Regulations. In the event
OHC qualifies as a Federal HUD Consortium, the parties of this agreement will
consider any additional amendments to the Agreement necessary to apply for
funds under the Federal Program Requirements.
- The County and Towns agree to cooperate in the
implementation of the Federal and State Programs and to cooperate in the
preparation of the Consolidated Plan in accordance with HUD regulations in 24
CFR Parts 92 and 91, respectively, and the requirements of 24 CFR 92.350
(a)(5). The County and Towns shall execute and submit the required
certifications, and shall prepare and submit its plan for monitoring compliance
with the Consolidated Plan.
- In accordance with the Act and the Regulations,
each member of the Orange County HOME Consortium composed of the County of
Orange, the Town of Carrboro, the Town of Chapel Hill, and the Town of Hillsborough,
certifies that it will direct its activities to the alleviation of housing
problems within Orange County, that it will affirmatively market HOME-assisted
housing as defined in Section 92.351 of the Regulations and will affirmatively
further fair housing in accordance with applicable federal and State laws.
Section IV. Execution
- The County and Towns have signed this Agreement,
and all governing boards have duly approved this Agreement and pursuant to such
approval and the proper officials having signed this Agreement, the parties
hereto agree to be bound by the provisions herein set forth. The terms and
provisions of this Agreement are authorized by applicable laws and regulations.
The County and the Towns have
authorized this Agreement to be duly executed under seal and have set their
hands and seals on the day and year specified below.
TOWN OF
CARRBORO
__________________________
Steven
Stewart
Town
Manager
ATTEST:
_____________________________
NORTH CAROLINA
ORANGE COUNTY
This is to certify
that on this day personally came before me ______________________, with whom I
am personally acquainted, and being by me duly sworn, says that Steven Stewart
is the Town Manager, and that she the said _________________________, is the
Town Clerk of the Town of Carrboro, the municipal corporation named within and
which executed the foregoing instrument; that she knows the common seal of said
corporation; that the seal affixed to said instrument is said common seal; that
the name of corporation was subscribed thereto by the said Town Manager and
that the said Town Manager and said ____________ Town Clerk subscribed their
names hereto and said common seal was affixed, all by order of the Board of
Alderman of the Town of Carrboro and that said instrument is the act and deed
of said corporation.
Witness my hand and
notarial seal, this the _____ day of _____________, 20_____.
___________________________
Notary
Public
My Commission expires:
__________________
TOWN OF
CHAPEL HILL
__________________________
Roger
Stancil
Town
Manager
ATTEST:
__________________________________
NORTH CAROLINA
ORANGE COUNTY
This is to certify
that on this day personally came before me ______________________, with whom I
am personally acquainted, and being by me duly sworn, says that Roger Stancil is
the Town Manager, and that he the said _________________________, is the Town
Clerk of the Town of Chapel Hill, the municipal corporation named within and
which executed the foregoing instrument; that she knows the common seal of said
corporation; that the seal affixed to said instrument is said common seal; that
the name of corporation was subscribed thereto by the said Town Manager and
that the said Town Manager and said ____________ Town Clerk subscribed their
names hereto and said common seal was affixed, all by order of the Town Council
of the Town of Chapel Hill and that said instrument is the act and deed of said
corporation.
Witness my hand and
notarial seal, this the _____ day of _____________, 20_____.
___________________________
Notary
Public
My Commission expires:
__________________
TOWN OF
HILLSBOROUGH
_________________________
Eric
Peterson
Town
Manager
ATTEST:
__________________________________
NORTH CAROLINA
ORANGE COUNTY
This is to certify
that on this day personally came before me ______________________, with whom I
am personally acquainted, and being by me duly sworn, says that Eric Peterson
is the Town Manager, and that she the said _________________________, is the
Town Clerk of the Town of Hillsborough, the municipal corporation named within
and which executed the foregoing instrument; that she knows the common seal of
said corporation; that the seal affixed to said instrument is said common seal;
that the name of corporation was subscribed thereto by the said Town Manager
and that the said Town Manager and said ____________ Town Clerk subscribed
their names hereto and said common seal was affixed, all by order of the Town
Board of the Town of Hillsborough and that said instrument is the act and deed
of said corporation.
Witness my hand and
notarial seal, this the _____ day of _____________, 20____.
___________________________
Notary
Public
My Commission expires:
__________________
ORANGE COUNTY
_______________________
Laura
E. Blackmon
County Manager
ATTEST:
__________________________________
NORTH CAROLINA
ORANGE COUNTY
This is to certify
that on this day personally came before Donna Baker, with whom I am personally
acquainted, and being by me duly sworn, says that Laura E. Blackmon is the
County Manager, and that she the said Donna Baker, is the Clerk to the Board of
Commissioners of the County of Orange, the body politic and corporate named
within and which executed the foregoing instrument; that she knows the common
seal of said County; that the seal affixed to said instrument is said common
seal; that the name of corporation was subscribed thereto by the said County
Manager and that the said County Manager and said Donna Baker subscribed their
names hereto and said common seal was affixed, all by order of the Board of
County Commissioners of Orange County and that said instrument is the act and
deed of Orange County.
Witness my hand and
notarial seal, this the _____ day of _____________, 20____.
___________________________
Notary
Public
My Commission expires:
__________________