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Res 37-13RESOLUTION NO. 37 -13 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 CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to transfer property located at 102 SE 8"' Street; Mrs WHEREAS, the Buyer hereinafter named desires to buy the property hereinafter described from the City of Delray Beach, Florida; and 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 CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby agrees to transfer to Delray Housing Group, Inc, as Buyer, for the purchase price of Ten Dollars and 00/100 cents ($10.00), said property being described as follows: Lot 6, Block 1.4, Osceola Park, according to the Plat thereof, on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 3, Page 2. Section 2. That the terms and conditions contained in d-.e contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Buyer as heteinabove named are incorporated herein as Exhibit "A ". PASSED AND ADOPTED in regular session on the day of 2013. A'I "1`EST: — rM X Y O R City Clerk Coversheet RL MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: October 9, 2013 Page 1 of 2 SUBJECT: AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF OCTOBER 15, 2013 RESOLUTION NO. 37-13/ CONTRACT FOR SALE AND PURCHASE /102 S.E. 8TH STREET ITEM BEFORE COMMISSION Staff requests City Commission approval to donate Neighborhood Stabilization Property (NSP) property located at 102 SE 8th Street, Delray Beach, 33483, to the Delray Housing Group (Delray Beach Housing Authority) for the benefit and rental of the unit to a household at or below 50% Area Median Income (AMI) as determined by HUD. BACKGROUND The City of Delray Beach has received $1,905,005 under the Neighborhood Stabilization Program (NSP) award through the Florida Department of Community Affairs by the U. S. Department of Housing (HUD) and $400,000 from the Delray Beach Community Redevelopment Agency (CRA) as a result of the Housing and Economic Recovery Act of 2008 (H.R. 3221). The NSP funding is for the purpose of purchasing foreclosed or abandoned homes for rehabilitation, resale, or redevelopment in order to stabilize neighborhoods and stem the decline of home values. NSP Funds are to benefit Low, Moderate and Middle Income Households (LMMI). LMMI households are defined as those with incomes less than one - hundred twenty percent (120 %) of Area Median Income (AMI) as determined by HUD. Properties donated through the NSP program for rental under this activity will be transferred for the purpose of affordable housing to benefit LMMI households. All properties acquired and rehabilitated for the purpose of rental housing under the NSP Program shall be donated to DFIG. DFIG will make units available for rent to households at or below 50% AMI. Individuals or households who wish to occupy NSP Rental Units must apply directly to the DFIG. The Neighborhood Services Administration staff will monitor the project on an annual basis to ensure continued affordability, ownership and maintenance of the property during the 20 -year term. This item is for transfer of the following NSP property: 102 SE 8th Street, Delray Beach, 33483 http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 7263 &MeetingID =464 11/5/2013 Coversheet RECOMMENDATION Page 2 of 2 Staff recommends City Commission approval to donate a NSP property located at 102 SE 8th Street, Delray Beach to DPIG for the benefit and rental of unit to a household at or below 50% AMI. http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 7263 &MeetingID =464 11/5/2013 CONTRACT FOR SALE AND PURCHASE PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation, ( "Seller "), of 100 N.W. 1st Avenue, Delray Beach, Florida 33444 and DELRAY HOUSING GROUP, INC, ( "Buyer "), of 701 SE 6th Avenue, Suite 201 Delray Beach, FL 33483, , 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 "): DESCRIPTION: (a) Lot 6, Block 14, Osceola Park, according to the Plat thereof, on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 3, Page 2. (b) PCN:12- 43- 46 -21 -01 -014 -0060 (c) Address: 102 SE 8th Street, Delray Beach, FL 33483 PURCHASE PRICE .. ............................... US$10.00 Ill. 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 October 31, 2013, 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 sixty (60) 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 Y2 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. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritt provisions shall control all printed provisions of Contract in conflict with them. I 1b) Buyer may have determined the energy efficiency rating of the residential building, if any is located on the Real Property. X1, SPECIAL CLAUSES; ADDENDA: If additional terms are to be provide they will be provided in the attached addenda, If there is an addenda, check here ' i MMUM By- Print Name� Date ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: CITY OF DELRAY BEACH, FLORIDA BUYER: DELRAY HOUSING GROUP, INC PROPERTY ADDRESS: 102 SE 8t" Street, Delray Beach, FL 33483 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 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. 3 C. This Contract is expressly contingent and conditioned upon the approv tf the same by the City Commission of the City of Delray Beach. SELLERS' INITIALS- BUYER'S INITIALS: M STANDARDS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title: A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this agreement and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged by Seller at or before closing. Marketable title shall be determined according to applicable title standards adopted by authority of The Florida Bar and in accordance with law. If title is found defective, Buyer shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarket- able, Seller will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the agreement. Seller will, if title is found unmarket- able, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real property or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, agreement covenants or applicable governmental regulation, the same shall constitute a title defect. C. Ingress and Egress: Seller warrants and represents that there is ingress and egress to the real property sufficient for the intended use as described herein, title to which is in accordance with Standard A. D. Leases: If applicable, Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. E Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing. If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing. F. Place of Closing: Closing shall be held in the county where real property is located, at the office of the attorney or other closing agent designated by Buyer. G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. H. Documents for Closing: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financial statements. I. Expenses: Documentary stamps on the warranty deed and recording corrective instruments and the warranty deed shall be paid by Buyer. J. Pro rations,_ credits: Taxes, assessments, rent, interest, insurance and other expenses and revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's millage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment and the prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. K. Special Assessment Liens_: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. L. Risk of Loss: If the property is damaged by fire or other casualty before closing and cost of restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of the restoration exceeds three percent (3 %) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking property as is, together with either the three percent (3 %) or any insurance proceeds payable by virtue of such loss or damage, or of canceling the agreement and receiving return of deposit(s). M. Escrow: Any escrow agent ( "Agent ") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1987), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as 6 court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. N. Failure of Performance: If Buyer fails to perform this Contract within the time specified Seller shall be relieved of all obligations under Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. O. Agreement Not Recordable; Persons Bound; Notice: Neither this agreement nor any notice of it shall be recorded in any public records. This agreement shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. P. Conveyance: Seller shall convey the property by way of Quit Claim Deed subject to an easement for any utilities that may exist and lie on the property. Q. Other Agreements: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. R. Warranties: Seller warrants that there are no facts known to Seller materially affecting the value of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer. 7 SECOND ADDENDUM TO CONTRACT FOR SALE AND PURCHASE Buyer: Delray Housing Group, Inc Seller: The City of Delray Beach Property: Lot 6, Block 14, Osceola Park, according to the Plat thereof, on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 3, Page 2. The Parties further agree as follows: I. Disclosures: A. Mold: Mold is a naturally occurring and may cause health risks or damage to Property. If Buyer is concerned or desires additional information regarding mold, Buyer should contact an appropriate professional. B. Lead Warning Statement: Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead -based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The Seller of any interest in residential real property is required to provide the Buyer with any information on lead -based paint hazards from risk assessments or inspections in the Seller's possession and notify the Buyer of any known lead -based paint hazards. A risk assessment or inspection for possible lead based paint hazards is recommended prior to purchase. Seller's Disclosure (initial) (a) Presence of lead -based paint and/or lead based paint hazards (check one below): Known lead -based paint and /or lead -based paint hazards are present in the housing (explain) X Seller has no knowledge of lead -based paint and/or lead based paint hazards in the housing. (b) Records and reports available to the Seller (check below): Seller has provided the purchaser with all available records and reports pertaining to lead -based paint and/or lead -paint hazards in the housing (list Page 1 of 3 documents) Seller has no reports or records pertaining to lead -based paint and/or lead paint hazards in the housing. Purchaser's Acknowledgment (initial) (c) Purchaser has received copies of all information listed above. (d) Purchaser has received the pamphlet Protect Your Familyfrom Lead in your Home (e) Purchaser has (check one below): Received a 10 -day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead -based paint and/or lead -based paint hazards; or x Waived the opportunity to conduct a risk assessment or inspection for the presence of lead -based paint and/or lead -based paint hazards. Agent's Acknowledgment (Initial) (f) Agent has informed Seller of the Seller's obligations under 42 U.S.C.4852(d) and is aware of his/her responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and correct. G PROPERTY TAX DISCLOSURE SUMMARY. BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS THE ASSESSMENT OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 2. With respect to Standard (A), if title is found defective, Seller may, but shall have no obligation, to render title marketable. In the event Seller does not render title marketable within thirty (30) days after the date of Buyer's notice to Seller advising the Seller of the defects in title, Buyer shall have the option of either cancelling this Contract and receiving a refund of the deposits paid, or to accept title as is and close. Seller has agreed to convey the Property to Buyer under the assumption that there are no Page 2 of 3 liens, encumbrances, mortgages, assessments or other evidences of debt (hereinafter collectively referred to as "liens and encumbrances ") which must be paid by Seller at closing. In the event Buyer determines that there are liens and encumbrances, Seller shall have the option of paying off the liens and encumbrances at closing, failing which, Buyer may pay the liens or encumbrances, Buyer may cancel this Contract and receive a refund of its deposit, or Buyer may accept title as is subject to the liens and encumbrances and close. 4, With respect to Standard (L), if the Property is damaged by fire or other casualty before closing,,, Seller may elect to restore the Property, failing which, Buyer shall accept the physical condition of the Property as is or Buyer may cancel this Contract and receive a refund of its deposit. 5. Standard (N) is hereby deleted and the following is stated in its place.. "If Buyer fails to perform the Contract within the time specified, Seller may cancel this Contract and be relieved of all obligations under the Contract or Seller may seep specific performance. If Seller fails to perform this Contract within the time specified, Buyer may elect to cancel this Contract and receive a return of Buyer's deposit, or Buyer may seep specific performance. 6. With respect to Paragraph () of the Contract, the transaction shall be closed and the deed and other closing documents delivered on or before seven (7) days after Buyer has determined the Property condition is satisfactory to Buyer pursuant to Paragraph (XI)(B) of the Contract. 7. Bayer accepts the Property AS IS in its present physical condition, subject to any violations of ,governmental, building, environmental and safety codes, restrictions or requirements and shall be responsible for any and all repairs and improvements required. Seller makes no representation or warranty relating to the physical condition of or title to the Property. Standard (R) of the Contract is hereby deleted. 9. The terms and conditions of this Second Addendum control over any conflicting terms and conditions contained in the Contract or any the other Addendum to the Contract. Delray Housing; Group, Inc Byer 4 / Date; M no Page 3 of 3 THIRD ADDENDUM TO CONTRACT FOR SALE AND PURCHASE Buyer: Delray Housing Group, Inc Seller: City of Delray Beach Property: Lot 6, Block 14, Osceola Park, according to the Plat thereof, on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 3, Page 2. PCN: 12- 43- 46 -21 -01 -014 -0060 The Parties further agree as follows: A. Additional covenants and restrictions: 1. Buyer shall own properties with a covenant on the land and unit, requiring that it be maintained as affordable rental units for tenants at or below 50% of AMI for a period of twenty (20) years. 2. Buyer shall make the property available for rent by households at or below 50% AMI as defined by the current Income Limit charts adjusted to family size, West Palm Beach --- Boca Raton, Metropolitan Statistical Area, (Palm Beach County). 3. The Buyer assures the City that, in connection with the properties acquired is for rental purposes through this Agreement, it is a public housing Subrecipient (a Public Housing Authority) funded by HUD. The Buyer assures the City that, as such, it is knowledgeable about HUD requirements for income qualifying of occupants of rental housing units according to HUD income guidelines and about establishing rent affordability for such occupants. Accordingly, the Buyer shall income qualify the occupant of the property acquired through this Agreement according to the requirements contained in the Declaration of Restrictions associated with each such property, and shall maintain the level of rent plus utilities (based on the HUD Section 8 utility schedule) at an affordable level for the occupant. Such affordability shall be regarded as being achieved if no more than thirty -five percent (35 %) of the occupant's gross household income is expended on the sum of the rent plus utilities based on the HUD Section 8 utility schedule. 4. The Buyer shall report all program income (as defined at 24 CFR 570.500(a) generated by activities carried out with NSP funds made available under this contract. The use of program income by the buyer shall comply with the requirements set forth at 24 CFR 570.504. ATTEST: City Clerk DELRAY BEACH HOUSTNO GROUP ot Date: m Cary Glickstein, Mayor This instrument prepared by and return to: City of Delray BeachNeighborhood ServicesDivision 100 NW 15t Avenue Delray Beach, Florida 33444 LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS FOR:CITY OF DELRAY BEACH NEIGHBORHOOD STABILIZATION PROGRAM THIS LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS (hereinafter Agreement) is made and entered into by and between the City of Delray Beach, a City existing by and under the laws of the State of Florida (hereinafter referred to as the "City ") andDelray Housing Group, Inc. (hereinafter referred to as the "Owner"). RECITALS WHEREAS, the Owner owns certain land described in Attachment "A" attached hereto and incorporated herein by reference, hereinafter referred to as the "Property "; and WHEREAS, Owner is the beneficiary ofNeighborhood Stabilization Program Funds pursuant to an Agreement betweenState of Florida, Department of Economic Opportunity and City dated the 5th day ofFebruary, 2010 ('The State Agreement "); and WHEREAS, the Owner has agreed to comply with certain use restrictions as a beneficiary of The State Agreement; and WHEREAS, the City has provided Neighborhood Stabilization Program funding for the acquisition, rehabilitation and resale of the propertylocated at102 SE 8thstreet, Delray Beach, Florida 33483. NOW, THEREFORE, in consideration of the above premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Owner shall own properties with a covenant on the land and unit, requiring that it be maintained as affordable rental units for tenants at or below 50% of AMI for a period of twenty (20) years. 2. Owner shall make the property available for rent by households at or below 50% AMI as defined by the current Income Limit charts adjusted to family size, West Palm Beach — Boca Raton, Metropolitan Statistical Area, (Palm Beach County). The Owner assures the City that, the Property acquired is for rental purposes throughout the term ofthis Agreement, it is a public housing Subrecipient (a Public Housing Authority) funded by HUD. The Owner assures the City that, as such, it is knowledgeable about HUD requirements for income qualifying of occupants of rental housing units according to HUD income guidelines and about establishing rent affordability for such occupants. Accordingly, the Buyer shall income qualify the occupant of the property acquired through this Agreement according to the requirements contained in the Declaration of Restrictions associated with each such property, and shall maintain the level of rent plus utilities (based on the HUD Section 8 utility schedule) at an affordable level for the occupant. Such affordability shall be regarded as being achieved if no more than thirty -five percent (35 %) of the occupant's gross household income is expended on the sum of the rent plus utilities based on the HUD Section 8 utility schedule. 4. If Owner defaults in the performance of any obligation under restrictions set forth herein, and if such default remains uncured for a period of one hundred twenty (120) days after written notice thereof has been given by City, City shall be entitled to apply to any court having jurisdiction of the subject matter for specific performance of this Agreement, for the appointment of a receiver or successor to take over and operate the Property in accordance with the terms of this Agreement, or for such other relief, including monetary, as may be appropriate and as such court deems just, equitable, and reasonably required to effectuate the terms of this Agreement. 5. Owner represents and warrants to City: a. Owner has validly executed this Agreement and the same constitutes the binding obligation of the owner. Owner has full power, authority and capacity to enter into this Agreement, to carry out the Owner's obligations as described in this Agreement, and to assume responsibility for compliance with all applicable local, state, and federal rules and regulations. b. To the best of Owner's knowledge, the making of this Agreement and the Owner's obligations hereunder: i. will not violate any contractual covenants or restrictions between Owner or any third party, or affecting the Property; it. will not conflict with any of the instruments that create or establish Owner's authority; iii. Owner will not conflict with any applicable public or private restrictions; iv. do not require any consent or approval of any public or private authority which has not already been obtained; and v. are not threatened with invalidity or unenforceability by any action, proceeding, or investigation, pending or threatened, by or against Owner without regard to capacity, any person with whom Owner may be jointly or severally liable, or the Property or any part thereof. c. There is no litigation pending or proceeding known or, to the best of Owner's knowledge, threatened against Owner which, if adversely determined, could individually or in the aggregate have an adverse affect on title to or the use and enjoyment or value of the Property, or any portion thereof, or which could in any way interfere with the consummation of this Agreement. d. There is not pending or, to Owner's best knowledge, threatened against Owner any case or proceeding or other action in bankruptcy, whether voluntary or otherwise, any assignment for the benefit of creditors, or any petition seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief for Owner under any present or future federal, state, or other statute, law, or regulation relating to bankruptcy, insolvency, or relief from debtors. 6. City represents and warrants to Owner that it has full authority, capacity and power to enter into this Agreement and that this Agreement is in full compliance with The State Agreement. Notices required to be given by this Agreement shall be in writing, by certified mail through the United States Postmaster, with copies to be mailed as set forth below. Required certified mail shalt also have return receipt requested, addressed to the persons and places specified for giving notice below. Revisions to the names or addresses of those parties to receive notice may be made by either party by providing notice to the other party as provided herein. This in no way impacts the requirement to provide notice to the City of Delray Beach City Commission and to the City Attorney in the manner outlined above. Notice shall be forwarded to the following: For the City: Mayor City of Delray Beach 100 NW 15t Avenue Delray Beach, Florida 33444 With copies by U.S. mail to: City of Delray Beach Neighborhood Service Administrator Neighborhood Services Division 100 NW 1 St Avenue Delray Beach, Florida 33444 For the Owner: Delray Housing Group, Inc. 701 SE 6th Avenue, Ste 201 Delray Beach, Florida 33483 8. The Owner and City agree that both parties have played an equal and reciprocal part in the drafting of this Agreement and, therefore, no provisions of this Agreement shall be construed by any court or other judicial authority against any party hereto because such party is deemed to have drafted or structured such provisions. 9. This Agreement shall be construed, and the rights and obligations uf the City and Owner hereunder ahoo be d*te,mined, in accordance with the laws of the State of Florida. Venue for any litigation pertaining tothe subject matter hereof shall be exclusive inPalm Beach County, Florida, unless prohibited by law, 10. In any litigation between the parties hereto arising out ofthis Agreement, the prevailing party shall be entitled to recover all fees and costs incurred in such |itigatimn, including reasonable attorneys' fees, through appeal ifnecessary. i1. This Agreement shall bo recorded in the Public Records of Palm Beach County, Florida, by the City at the expense nf the City subsequent tn the closing of the sale h, the Owner from the City. This Agreement shall mm with the land and shall be binding on bo8hperties' their heirs, ouooessors, and assigns upon recording. Certified copies of the recorded documents shall be provided to the Owner within ten (10) days of receipt of the recorded Agreement. IN WITNESS WHEREOF, the Owner has read and understands the terms set forth and agrees to meet the obligations contained herein by execution of this agreement, in duplicate, OWNER Attachment A Real property located at 102 SE 8`hStreet, Florida 33483 generally described as: Lot 6, Block 14, Osceola Park, according to the Plat thereof, on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 3, Page 2.