Res 12-11RI?.SOLU"PION NO. 12-11
A Rh.SOLU'1'ION OF THE CI"I'Y COMMISSION OF THE CITY OF
DEI,RAY BRACH, FLORIDA, AUT HORI"LING THE CITY "TO
TRANSFER REAL PROPER'1"1' IN PALM BEACH COUN"I'Y, FLORIDA,
AS DESCRIBED HEREIN, HEREBY INCORPORATING AND
ACCEPTING THE CON"TRACT S I'A'I'ING THE TERMS AND
CONDI"PIONS FOR "I'HE S11LE AND PURCHASE BE"I"WEEN "THE
BUYER AND "THE CITY OF DFI.RAY BEACH, FLORIDA.
WH1?REAS, the City of Delray Beach, Florida, wishes to transfer vacant property located at xxx "leder
Avenue; and
WHI?REAS, the Buyer hereinafter named desires to buy the property hereinafter described from the
City of Delray Beach, Florida; and
WHI~.REAS, it is in the best interest of the City of Delray Beach, Florida, to transfer said property to be
used for affordable housing purposes.
NOW, THEREFORl?, BE IT ORDAINED BY "I'HE CITY COMMISSION OF TH1~, CITY OF
D1?I.RAY BEACH, FLORIDA, AS hOI.LOWS:
Section 1. "That the City Commission of the City of Delray Beach, Florida, as Seller, hereby agrees to
transfer to Delray Beach Community Land Trust, as Buyer, for the purchase price of 'Ten Dollars and 00/100
cents ($10.00), said property being described as follows:
Lot 20, Block 10, Plat 2 of 2 Southridge, according to the map or plat thereof as
recorded in Plat Book 13, Page 39, Public Records of Palm Beach County, Florida.
Section 2. "That the terms and conditions contained in the contract for sale and purchase and addenda
thereto between the City of De1ra}' Bcach, Florida, and the Buyer as hereinabove named are incorporated
herein as I?xhibit "A".
PASSI?D AND ADOP'1'I3D in regular session on the 3"' day of May, 2011.
~~"1"1'ES"I':
City Clerk
i2~/'"t~
~- ,~ MAYOR
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Lula Butler, Director, Community Improvement
THROUGH: David Harden, City Manager
DA"TE: April 26, 2011
SUBJECT: ,1CI~:ND,~ I"I'Ei~1_10,A. -_REGL~1_:U2 COAt1111SS10___N ~IEE'1'ING OF MAY~2011
RI?SOLI!"PION NO. 12-11: TR;~NtiI~ ER OF PROPER"I'Y AT ZEDER AVENUE
Page 1 of 1
ITEM BEFORE COMMISSION
Staff requests City Commission approval to transfer one (1) SHIP property to the CLT for the benefit
and resale of the unit to a household with an income less than one-hundred twenty percent (120%) of
Area Median Income (AMI) as determined by the State.
13AC KG ROUND
For the past eighteen (18) years the Community Improvement Department has received funds under the
State Housing Initiatives Partnership (SHIP) Program. SHIP funds are generated from a portion of
documentary stamp taxes collected throughout the State and held in the State's Housing Trust Fund for
the development and maintenance of affordable housing. The State requires a Local Housing Assistance
Plan (CHAP) outlining how the City plans to administer the SHIP funds once they are received. On
February 23, 1993, under Ordinance #2-93, the City Commission established a Local Housing
Assistance Program, created the Local Housing Trust Fund and created the Affordable Housing
Advisory Committee to comply with various sections of Title 67 of the Administrative Code of
Florida. Community Development Division staff has administered the program and under the approved
Plans has assisted Delray Beach residents with homeownership and housing rehabilitation
opportunities. ,
Through the State, under the City's Local Housing Assistance Plan Land Acquisition strategy, the CLT
will make property available for resale to a household with an income less than. one-hundred twenty
percent (120%) of Area Median Income (AMI).
The following one (1) SHIP property is recommended for transfer to the CLT: xxx Zeder Avenue,
Delray Beach, FL 33444
RECY)MMENDATION
Staff recommends City Commission approval to transfer xxx Zeder Avenue to the CLT for the benefit
and resale of unit to a household with an income less than one-hundred twenty percent (120%) of Area
Median Income (AMI) as determined by the State.
http://itwebapp/AgendaIntranetBluesheet.aspx?ItemID=4451 &MeetingI D=316 5/I 9/201 I
RESOLUTION NO. 12-11
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
TRANSFER REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA,
AS DESCRIBED HEREIN, HEREBY INCORPORATING AND
ACCEPTING THE CONTRACT STATING THE TERMS AND
CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE
BUYER AND THE QTY OF DELRAY BEACH, FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to transfer vacant property located at ~ooc Zeder
Avenue; and
WHEREAS, the Buyer hereinafter named desires to buy the property hereinafter described from the
City of Delray Beach, Florida; aild
WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to transfer said property to be
used for affordable housing purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMNIISSION OF THE QTY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Coirmission of the City of Delray Beach, Florida, as Seller, hereby agrees to
transfer to Delray Beach Community Land Trust, as Buyer, for the purchase price of Ten Dollars and 00/100
cents ($10.00), said property being described as follows:
Lot 20, Block 10, Plat 2 of 2 Southridge, according to the map or plat thereof as
recorded u~ Plat Book 13, Page 39, Public Records of Palm Beach Cotmty, Florida.
Section 2. That the temps and conditions contained in the contract for sale and purchase and. addenda
thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove named are incorporated
herein as Exhibit "A".
PASSE D AND ADOPTE D in regular session on the day of , 2011.
ATTEST:
MAYOR
City Clerk
CONTRACT FOR SALE AND PURCHASE
PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation, ("Seller"), of
100 N.W. 15~ Avenue, Delray Beach, Florida 33444 and DELRAY BEACH
COMMUNITY LAND TRUST, ("Buyer"), of 145 SW 12~h Avenue, Delray Beach, FL
33444, hereby agree that the Seller shall sell and Buyer shall buy the following
described Real Property and Personal Property (collectively "Property") upon the
following terms and conditions, which INCLUDE the Standards for Real Estate
Transactions ("Standard(s)"), attached hereto and riders and any addenda to this
Contract for Sale and Purchase ("Contract"):
I. DESCRIPTION:
(a) Lot 20, Block 10, Plat 2 of 2 Southridge, according to the
map or plat thereof as recorded in Plat Book 13, Page 39,
Public Records of Palm Beach County, Florida.
P C N : 12-43-46-20-13-010-0200
(b) Address: xxx Zeder, Delray Beach, FL 33445
II. PURCHASE PRICE ................................. US$10.00
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by
and delivered to all parties OR FACT OF EXECUTION communicated in writing
between the parties on or before December 31, 2011, the deposit(s) will, at Buyer's
option, be returned to Buyer and the offer withdrawn. The date of this Contract
("Effective Date") will be the date when the last one of the Buyer and the Seller has
signed this offer.
IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title
insurance commitment.
V. CLOSING DATE: This transaction shall be closed and the deed and other
closing papers delivered on or before seven (7) days from the date of the execution of
this agreement, unless extended by other provisions of this Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title by Quit
Claim Deed subject to: zoning, restrictions, prohibitions and other requirements
imposed by governmental authority; restrictions and matters appearing on the plat or
otherwise common to the subdivision; public utility easements of record (easements are
to be located contiguous to Real Property lines and not more than 10 feet in width as to
the rear or front lines and 7 '/2 feet in width as to the side lines, unless otherwise
specified herein); taxes for year of closing and subsequent years; assumed mortgages
and purchase money mortgages, if any; provided, that there exists at closing no
violation of the foregoing and none of them prevents the use of Real Property for
residential purpose.
VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other
than Seller, but if Property is intended to be rented or occupied beyond closing, the fact
and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed
pursuant to Standard D. Seller agrees to deliver occupancy of Property at time of
closing unless otherwise stated herein. If occupancy is to be delivered before closing,
Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible
and liable for maintenance from that date, and shall be deemed to have accepted
Property in their existing condition as of time of taking occupancy unless otherwise
stated herein or in a separate writing.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions shall control all printed provisions of Contract in conflict with them.
IX. ASSIGNABILITY: Buyer may not assign Contract.
X. DISCLOSURES:
(a) Radon is a naturally occurring radioactive gas that, when accumulated in
a building in sufficient quantities, may present health risks to persons who
are exposed to it over time. Levels of radon that exceed federal and state
guidelines have been found in buildings in Florida. Additional information
regarding Radon or Radon testing may be obtained from your County
Public health unit.
(b) Buyer may have determined the energy efficiency rating of the residential
building, if any is located on the Real Property.
XI. SPECIAL CLAUSES; ADDENA: If additional terms are to be provided, they will
be provided in the attached addenda. If there is an addenda, check here /
CITY OF DELRAY BEACH, FLORIDA
DELRAY BEACH COMMUNITY LAND
TRUST
By:
Mayor Date
ATTEST:
City Clerk
Approved as to Form:
City Attorney
By:
Print Name: Date
ATTEST:
2
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER: CITY OF DELRAY BEACH, FLORIDA
BUYER: DELRAY BEACH COMMUNITY LAND TRUST
DESCRIPTION:
(a) Lot 20, Block 10, Plat 2 of 2 Southridge, according to the
map or plat thereof as recorded in Plat Book 13, Page 39,
Public Records of Palm Beach County, Florida.
P C N : 12-43-46-20-13-010-0200
(b) Address: xxx Zeder, Delray Beach, FL 33445
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): The
parties shall comply with the provisions of Internal Revenue Code Section 1445 and
applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person for
Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and prior
to closing the Seller shall provide the Buyer with a certificate of non-foreign status in the
manner provided in Treasury Regulations Section 1.1445-2. If the Seller provides the
Buyer with such certificate, and if the Buyer is otherwise permitted to rely on such
certificate under those Regulations, the Buyer shall not withhold under Internal
Revenue Code Section 1445.
If the Seller is a 'foreign person' as defined by the Internal Revenue Code, the
Buyer generally is required to withhold 10% of the gross sales price from the Seller at
closing and to pay the withheld amount over to the Internal Revenue Service (IRS)
unless an applicable exemption from withholding or a limitation on the amount to be
withheld is available. To the extent that the cash to be paid over to the Seller at closing
is insufficient to cover the Buyer's withholding obligation, the Seller shall provide to the
Buyer at closing cash equal to such excess for purposes of making such withholding
payment. If the Seller's federal income tax on the gain is less than the applicable
withholding amount, the Seller may make advance application to the IRS for reduced
withholding and, if granted, the Buyer shall withhold only the authorized reduced
amount. If such ruling has not been received by closing, the parties at closing shall
enter into an escrow agreement reasonably satisfactory to the Buyer and Seller pending
receipt of the ruling, provided that at closing the Seller shall have the obligation to
provide to the escrow agent from the closing proceeds (or from the Seller's other
resources if necessary) cash equal to the maximum required withholding, with any
3
excess withholding being refundable to the Seller upon receipt of a favorable ruling
from the IRS.
Buyer and Seller understand that the IRS requires the Buyer and the Seller to
have a U.S. federal taxpayer identification number and to supply that number on the
foregoing forms. A foreign individual may acquire an International Taxpayer
Identification Number for this purpose. Since it may take several weeks to receive the
number after application and the IRS will not process these forms without the actual
number, a party lacking a TIN is advised to apply immediately.
B. The Buyer shall have thirty (30) calendar days within which to conduct any and
all feasibility studies and determinations relative to the suitability for the acquisition of the
subject property by the Buyer and the Buyer reserves the express right to terminate this
Contract at any time during said period for any reason or no reason, in Buyer's sole
discretion, whereupon Buyer shall receive a full refund of all deposit monies paid
hereunder. Buyer shall be granted reasonable access to the premises to conduct such
feasibility studies and determinations, including environmental assays, core drilling,
surveys, soil sampling and other such testing.
C. This Contract is expressly contingent and conditioned upon the approval of
the same by the City Commission of the City of Delray Beach.
SELLERS' INITIALS: BUYER'S INITIALS:
4
SF,COND ADllENDUM TO CONTRACT FOR SALE AND PURCHASE
Buyer: Delray Beach Community Land Trust
Seller: City of Delray Beach
Property: Lot 20, Block 10, Plat 2 of 2 Southridge, according to the map
or plat thereof as recorded in Plat Book 13, Page 39, Public
Records of Palm Beach County, Florida. xxx Zeder, Delray
Beach, FL 33445
PCN: 12-43-46-20-13-010-0200
The Parties further agree as follows:
A. Additional covenants and restrictions:
Buyer shall adhere to the City of Delray Beach, Local Housing Assistance Plan, Strategy
C: Land Acquisition, Sections 1-7 as follows:
Summary of the Strategy: This strategy will provide funds to acquire properties
for future development by non-profit, public agencies or for prott developers.
Properties will be acquired through deed and tax sales, the foreclosure of
government liens and through private purchases. Properties will be donated and/or
sold, competitively to non-profit agencies that will use the Delray Beach
Renaissance Program for the development of the property. Properties sold
competitively to for profit developers must be utilized for the development of
affordable housing. Construction, rehabilitation, or emergency repairs must be
completed either with one year immediately preceding the date of conveyance of
title or within 24 months of the close of the applicable State fiscal year. Program
regulations do not support land banking. Eligible housing occupied by an eligible
applicant must be completed within the program expenditure timeline.
If property is sold to afor-profit developer, applications will be accepted and
awarded competitively using criteria including, but not limited to
The following:
a. Financial strength of the agency;
b. Ability of developer to complete the development by the deadlines
established by the State;
c. Capacity of the developer;
d. Features of the proposed house(s);
e. Marketing plan for the sale of the house(s);
Whether or not the agency employs personnel from the Welfare
Transition Program;
f. Whether the proposed housing is compatible with the
neighborhood in terms of design and size;
g. Affordability of house(s) being built.
Page 1 of 2
2. Fiscal Years Covered: State fiscal years 2010/201 1, 201 I /2012 and 2012/2013.
3. Income Categories to be served: Very-low, low-, and moderate-income limits
used are those as defined by U.S. Department of Housing and Urban
Development (HUD) and distributed by the Florida Housing Finance Corporation
for use in the SHIP Program.
4. Maximum award is noted on the Housing Delivery Goals Charts:
The -naximum purchase price fora "buildable lot of record" as defined in the
City's Land Development Regulations will be $40,000. The maxi-num purchase
price for aggregate lots or large tracts of lands shall be determined by the
appraised value at time of purchase.
5. Terms, Recapture and Default: The loan for the value of the land will be at 0%
interest. The loan will be recaptured when the property is sold.
Recipient Selection Criteria: [n addition to being income eligible as described
above, applicants must meet the same selection criteria for recipients under
Strategy A: Purchase Assistance.
7. Sponsor Selection Criteria: Eligible sponsors must meet the following
selection criteria:
a. designated 501(c)(3) non-profit organization under IRS guidelines;
b. legally operating within the jurisdiction of the City of Delray
Beach and/or Palm Beach County;
c. has demonstrated track record and production experience in the
construction and delivery of affordable housing;
d. preference will be given to sponsors that employ personnel from
Welfare Transition Program.
DELRAY BEACH COMMUNITY LAND
TRUST
By:
Print Name:
Date:
ATTEST:
City Clerk
CITY OF DELRAY BEACH, Seller
By:
Page 2 of 2
Nelson S. McDuffie, Mayor
Page 3 of 2
NOTICE OF INTENT TO TRANSFER REAL PROPERTY
NOTICE IS HEREBY GIVEN that the City of Delray Beach, Florida, announces its
intention to transfer the following real property described as:
Lot 20, Block 10, Plat 2 of 2 Southridge, according to the map or
plat thereof as recorded in Plat Book 13, Page 39, Public Records
of Palm Beach County, Florida.
Resolution 12-1 1 of the City Commission authorizing the sale of real property incorporating the
terms and conditions thereof, will be considered at a public hearing to be held at 7:00 p.m. on
May 3, 2010, at City Hall, Commission Chambers, 100 N.W. ls` Avenue, Delray Beach, Florida.
CITY OF DELRAY BEACH, FLORIDA
Chevelle Nubin
City Clerk
Publish: Palm Beach Post
April 23, 2010
April 30, 2010
Prepared by: RETURN:
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, FL 33444
QUIT-CLAIM DEED
THIS QUIT-CLAIM DEED, executed this day of , 2011 by the CITY
OF DELRAY BEACH, and having its principal place of business at 100 NW IS` Avenue, Delray Beach,
FL 33444, First Party, to: DELRAY BEACH COMMUNITY LAND TRUST, and having its principal
place of business at 145 SW 12`t' Avenue, Delray Beach, FL 33444, Second Party:
(Whenever used herein the teen "First Party" and "Second Party" include singular and plural, heirs, legal representatives, and assigns of
individuals, and the successors and assigns of cor)xxation, whenever the context so adnuts or requires. )
WITNESSETH, That the said First Party, for and in consideration of the sum of Ten Dollars
($10.00) in hand paid by the said Second Party, the receipt whereof is hereby acknowledged, does hereby
remise, release and quit-claim unto the said Second Party forever, all the right, title, interest, claim and
demand which the said First Party has in and to the following described lot, piece or parcel of land,
situate, lying and being in the County of Pahn Beach, State of Florida, to-wit:
See Exhibit "A"
TO HAVE and to HOLD the same together with all and singular the appurtenances thereunto
belonging or anywise appertaining, and all the estate, right, title, interest, lien, equity and claim
whatsoever of the said First party, either in law or equity, to the only proper use, benefit and behoof of the
said Second Party forever.
IN WITNESS WHEREOF the said First Party has caused these presents to be executed in its
name, and its corporate seal to be hereunto affixed by its proper officers thereunto duly authorized, the
day and year first above written.
WITNESS:
(Please Print or Type Name)
STATE OF FLORIDA
COUNTY OF PALM BEACH
CITY OF DELRAY BEACH, FLORIDA
By: _
Nelson S. McDuffie, Mayor
The foregoing instrument was acknowledged before me this day of 2011, by
(name of person acknowledging), who is personally known to
me or who has produced as identification.
Signature of Notary Public -State of Florida
® ^ N SUBJECT PROPERTY
~ ZEDER AVENUE
_i ,!
,J`
-n;~:"f PLANNING AND ZONING
DEPARTMENT ~2_q3-46-20-13-010-0200 LOCATION MAP
- - DlG/TAL 84SE AIAP SYSTEM - - MAP REF: U:\AUTOCAD\NIGEL ROBERTS\ZEDER AVENUE