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Res 46-96 RESOLUTIC~ NO. 46-96 A RESOLUTION OF THE CITY C(~94ISSION OF THE CITY OF DW.T.RAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SI~.T,T,I~.I.~. CER~N REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE SALES CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BE%~WEEN THE AND THE CITY OF DELRAY BEACH, FLORIDA, IN PARTNERSHIP WITH THE PALM BEACH COUNTY HOUSING PARTNERSHIP, INC. WHEREAS, the City of Delray Beach, Florida, in partnership with the Palm Beach County Housing Partnership, Inc., wishes to acquire certain property located at 515 S.W. 5th Avenue, Delray Beach, Florida, to provide home ownership opportunities for low to moderate income home buyers under the HOPE 3 Housing Program; and WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to the City of Delray Beach, Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property for the purpose described above. NOW, THEREFORE, BE IT RESOLVED 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 Purchaser, hereby agrees to purchase from the U.S. Department of Housing and Urban Development, as Seller, land to provide for home ownership opportunities for low to moderate income home buyers under the HOPE 3 Housing Program, for the purchase price of Thirty Thousand One Hundred Fifty and 00/100 Dollars ($30,150.00), and other good and valu_ahle consideration; said parcel being more particularly described as follows: Lot ! of SUNNYSIDE 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 21, Page 75 (located at 515 S.W. 5th Avenue, Delray Beach, Florida). Section 2. That the Palm Beach county Housing Partnership, Inc. is hereby authorized to close on the subject property, with the City of Delray Beach, Florida, accepting title to the subject property. Section 3. That the terms and conditions contained in the Sales Contract, U.S. Department of Housing and Urban Develo~ent, and addenda thereto between Purchaser and Seller as hereinabove named are incorporated herein. PASSED AND ADOPTED in regular session on this the 4th day of June, 1996. ATTEST: C~ty Cle~ / -Sa s' Contract u.s.Department of Housing and Urban Development '" Office of Housing Property-Disposition Program Federal Housing Commissioner OMB Approval No. 2502-6'306 (exp. 9/30/95) HUD Case No I. I (We), Hous~n~ Partnership, Inc. (Purchaser(s)) agree to purchase on the terms set forth herein, the f(,llowing properly, as m,,rc purl icularly 092-481320 described in Ibc deed conveying the property lo the Secreta~ of Housing and Urban Developmeuh 515 8,~. 5th Avenue, ~elray Beach, ~L 33~4 (sl~l number, slreel name, unll number, if appli~blo, ally, ~unly, Slale) 2. The S~ret~ of Housing and Urban Developmenl (Seller) agrees Io sell the properly at thc price and lerms scl fo, Ih hcrcin~preparc~ a dccd containing acovenant which warrants against the acts of Ibc Seller and all claiming hy,through.r under him. Ti fie wi in the fol name(s) and style: C,~y o[ Delray Be~ch ~ 3: ~eagre~purchasepficeofthepropertyis .................................................................................................... ~ 3. $ 30~ 150,00 Purch~er h~ paid $ 500,00 ~ earnest money to be applied on the purchase price, and agre~ ~7 ~- ,, t~ay~h~ba~anc~f~h~urchas~r~c~p~us~rminus~r~ra~i(ms~a~the~me~c~sing~iucash~e~er. The/Io , A.. Zap* " / earnest money deposit shall be held by ~D .. { . ~/1 --//~ 4. ~ ~ch~erisapplyingforHUD/FHAinsuredfinancingwithacash4owapaymentof $ ~ :'' ' ..... due at ~osing and the balance secured by a mortgage in the amoun~ of $ , ~ ~ for months (does notlnclude HUD/FHAMortgagelnsurancePremjum). ~Saidmortgageinvolvesarepairescrowamountinglo ............ '. ............................................................ > 4. $ ~ ~rchaser ispaying cash or applying for conventional or other financing not involving H UD/FHA. 5. Seller will pay reasonable and customa~ costs, but not more than actual costs, nor more than paid by a typical Sell er in the area, of obtaining financing an~or closing (excluding broker's commission) in an amount not to exceed > $. $ 6. Upon sales closing, Seller agrees to pay Io the broker identified below a commission (including selling bonus, if offered by seller) of ............................................................................................................... ~ 6. $ 7. Thenetam~untdue~e~e~is(Purchaseprice~em~ess~tem4e~crow~ifany~ess~ems5and6) ................. ~ ~~0 . 8. Purchaser is: ~ owncr-~cupant (will occupy this property as primary residence) Inve~tor ~ nunpr,rl~ orgmdzatlon ~ public housing agency ~ other government agency. 9. Time is of the essence as lo closing. ~e sale shall close not later than 60 days from Seller's acceplance ,ff c,,ntract. CIo~ing shall ~ held at office of Seller's designated closing agent or at a p]_~e~ dO~g~.t~ by ~ I0. lfSeller does not accept this offer, Seller ~ may ~ may n.t hold such offer as a hack-up k, accepted offer. 1 l..Lead based paint addendum ~ is. ~ is. not attached', Other addendum ~ is ~ is .... uot attached herel, and made part of lhis contracl :~; ~;?:!.2~.;~~h~er r~fU~g0r othe~se:fa~ to ~ffo~ m accgrdance ~th th~.cont~i including ~e time Ums~fi~n,. Sel!~r;may~ :~::~:::: :.:~:.~pga~yq~on ~e~of, toanysums which may beowed bythe Purchaser~ ~eSeller fO~nt. Pur~er(S) lnitl~ 13. ~is contract is subject to the Conditions of Sale on the reverse hereof, which are incorporaled herein and made pa~l (,f I~ ~mtract. ~chasm(s): (type ~ print names, s~lal security numbers, & sign) ......... J Purchaser(s) Address: ...... Hous!~g~e~hip, Inc. ~59-170~597 t319 Clematis Street. Suite 609 ~) I ~ fx ~ ~L~'~.. -Fhon~ No: D~le Purctmso~(s)Slgn~ Conlracl: Oe~iflcl~16~ of Broker: The undersigned certifies that: (!) neither he/she nor anyone authorized to act for him/her has declined to sell ibc property , d~c,i~'he~in ,o or to make it ~ailahle for ins~c,ion or co,,,ideration by a pro,peet,ye purchaser hecat,,e of his/her race, c,,k,r, religi,,n, sex.familial s~nalignal origin, or disability; (2) he/she has bolh provided and explained It, lhe purchaser Iht at,lice regarding usc .f HI ID's ch,sing agenl; (3) he/she h~xplained fully Io the purchaser Ihe eulire lerms of the contract, including C.ndilion B on the reverse here,f; and (4 ~ he/she is in c-topi,ante with HUD's earnest money policy as set forth on HUD forms SAMS-I 116 anti SAMS-1116A, Selling Broker lnf. rmati.n anti Certification, which he/ she has execut~ and filed with Seller. 1~ ,r ~nt ~ ~ and phono numbor o~ ~alo~ pomon: ~is a~on for HUD use only. Broker notified of: Aulhori/ing Signalure & Date: R,jection ~Return Earnest Money Deposit X .... ' Pmvk ~ ~ifions are obsolete Copy 3: Re~ined by ~okor rof Handbook ~310.5 [orm HUD-9548 MEMORANDUM To: David Harden, City Manager Thru: Lula Bulter, Community Improvement Director~..~ From: Dorothy Ellington, Community Development Coordinator ],~ ~ Date: May 29, 1996 Subject: HOPE3 Acquisition/239 N.E. 9th Street and 515 S.W. 5th Avenue ITEM BEFORE THE COMMISSION This is to request approval to acquire two single family housing units under the HOPE 3 Program. The 239 N.E. 9th St. unit will be purchased at a cost of $54,000. The unit located at 515 S.W. 5th Ave. will be purchased for $30,150.00. These properties are to be purchased under the HOPE 3 Program for rehabilitation and resale to income eligible buyers. BACKGROUND The City in partnership with the Palm Beach County Housing Parmership has participated in the HUD-funded HOPE 3 Program since being awarded a Grant of $430,000 in March 1994. We purchased our first property in December 1984 and since then we have purchased four additional units, two of which have been sold. These properties are located within various neighborhoods thoughout the City, often having been boarded-up while waiting for HUD to dispose of them. Once we acquire the property, we will rehabilitate them and sell them at appraised value to a qualified low/moderate income home buyer. When the properties are sold, sales proceeds will be revolved to provide for additional homeowner opportunities. We expect to purchase four additional units with our initial HOPE 3 Grant funds while more than 30 families are expected to benefit from these investments. RECOMMENDATION Staff recommends approval of this request, authorizing the closing on the property as listed above. Agenda Item No.: ~ AGENDA REQUEST Request to be placed on: Date: May 29~ 1996 Regular Agenda Special Agenda '~ Workshop Agenda xx Consent Agenda When: June 11, 1996 · Description of item (who, what, where, how much): This is to request approval to acquire two single family housin~ units under the HOPE3 Program. The Resolution to purchase the units is bein~ handled by the City Attorney's Office. (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED:~YES~NO Draft Attached: YES/NO Recommendation: Staff reccommends approval of this request, authorizin~ the closin~ on the properties as listed above. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). Department Head Signature ' ~ City Attorney Review/ Recommendati6n (if applicable): Budget Director Review ( required on all items involving expenditure of funds): Funding available :~NO Funding alternatives: ( if applicable) Account No. & Description: Account Balance: ~ %~. ~ City Manager Review: Approved for agenda: ~S~NO Hold Until: .- Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved