Res 61-96 RESOLUTION NO. 61-96
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SRLL~R CERTAIN
REAL PBDPERTY 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 SFLT.~.R AND
THE CITY OF DELRAY BEACH, FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain
residential property located at 235 S.W. 1st Avenue to provide for housing pursuant
to the City's Affordable 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 FOIJ32~S:
Section 1. That the City Commission of the City of Delray Beach, Florida,
as Buyer, hereby agrees to purchase from the United States Department of Housing and
Urban Development, as Seller, land to provide for affordable housing opportunities
for low income individuals, for the purchase price of Thirty-Three Thousand and
00/100 Dollars ($33,000.00), and other good and valu_~le consideration; said parcel
being more particularly described as follows:
Lot 13, Block 63, TENBROOKS, Sut~livision of Part of Block 63 of
the map of Linton (now Delray Beach, Florida), according to the
Plat thereof on file in the Office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida, recorded in Plat
Book 6, Page 3.
Section 2. That the costs of closing and transactions, title insurance,
document preparation and attorney's fees shall be borne by the City of Delray Beach,
Florida.
Section 3. That the terms and conditions contained in the contract for
sale and purchase and addenda thereto between the City of Delray Beach, Florida, and
the Seller as hereinahove named are incorporated herein as Exhibit "A".
PASSED AND ADOPTED in regular session on this the 23rd day of July, 1996.
ATTEST:
City Ci~rk
EXHIBIT "A" to RESOLUTION N~O. ,61-96
U.S. Department of Housing and Urban uevelopment
C)lfice of Housing
-,, Program Federal Housing Commissioner OMB Approval No. 2502-0306 (exp 9/3OI95)
-~' HIJ[) Ca$~ No
I Purchasur{s)) agruc lo lmrchasc, ,n thc terms ~cl {', .rlh Imrcin, Ibc l'ollowing pr.purly, as m.ru parl icul arl? 092-341285
described m thc dccd c.nvcyin~ Jim propcrty l<~ ~hu Secruhu'y ~ff~n~ and Urban Duvch ~pmcnl:
_ 235 S,W. Ist Avenue, Delr~a~/~, 3~444__
{s~eel numDeL s~eel~me, unH mumbeL il applicable, cHy. cDumy. Slme)
2. Thc Sucrct~ry of Huusing ~nd Urban Ocvch,pm~nl (ScHcr) agrees lo sell ~hc propcny at lhu pric~ and l~nns
3. Thc agreed purchas~ price oflhc property is ................................................................................................... ]~
Purchaser h~ paid $ son.on ~ e~nest money to be applied on the purc~ice~d agrees
t~paytheba~ance~thepur~hase~rice~p~us~rminuspr~rati~ns~atthetime~fc~sing~in~~. Th~ ~ ~0_. ~2/ /
eamestmoneydepositshallbeheldby a~ ~ ~ ~ .
4. due at closing and the balance secured by a mortgage in the amount of $
~ Purch~er is applying for HUD/FHA in~ured financing with a cash down payment of ~ ~
for months (does not include HUD/FH A Mortgage Insurance Premium).
~Saidmoflgageinvolvesarepabescrowamountingto ......................................................................... ~ 4. $
Purchaser is paying c~h or applying for conventional or other financing not involving HUD/FHA.
5. Seller will pay reasonable anflcustoma~ costs, but not more than actuM costs, nor more than paid by a typical Seller
inthearea, ofobtainingfinancingand/orclosing(excludingbroker'scommission)inan amount not to exceed ~ 5. $-0-'
6. Upon sales closing, Seller agrees to pay to fi~e broker identified below a corem ission (including
selling bonus, ifoffered by seller) of ...............................................................................................................
7. ThenetamountdueSelleris(P~chaseprice,Item3,1esshem4escrow,ifany,lessltems5and6) ................. } J7.$33,~00,00 ~ J
8. Purchaser is: ~ own~r-ocoupan~ (will occupy Ibis property as primary r~sid~nc~) ,
-' ~ investor ~ nonprofit' organization ~ public housing agency ~ other gov~rnmen, agency.
9. Time is of the essence as to closing. ~e sale shall close not later than tiff days from Seller's acceptance of contract. Closing
shall ~ held at office of Seller's designated closing agent or a~ a plae~ don~at~ h7 ~
10. If Seller does not accept this ~ffer, Seller ~ may ~ may not hold such offer as a back-up to accepted offer.
11. L~d based paint addendum ~ is ~ is not attached; Other addendmn ~ is ~ is not attached hereto and made part of this contract.
12. ~hould Purc~ser refine or othe~se fa~ to perform ~ accordance ~th th~ contrach .~clu~ng ~e time fimimfion, Seller may, at
Seller's~le opfion,rem~ aU or a potion of the deposit ~ liquidated dmages. The Seller r~e~es the right t~ t~arnest m~aey,
13. ThiscontractissubjecttotheConditio sofSaleonthereversehereof, which are inco~orated here nandmadepartoft~omract,.' '
Oofllfieatlon of Purehaaor: The undersigned certifies that in ofF. lng his/her/its signature' t0 th~ contract helshe/ii 0~demmnds:
(1) aB the conten~ thereof (~cluding the Conditions of Sale) and is in agreement therewlth"~thoul p:~0test; (2) he/SheJit::~:~r~sP0nsible
for ~tisfylng l~elf as to the full condition of the prop~ ~J[~ller ~Ul not Perform 'repairg'~after acCePtance of this Contract;
~oua~ng~~h~p,. In~ ~.li . .~a~ 1319 Cle~ls 8~rae~ "Suite 409
~~ ~ I -~:' J Phone No: J Dam Purchaser(s)Signed Oonlram:
Oe~ficat~ ~ o~roker: Thc u~cd certifies ~hat: (1) n~ithcr he/she nor anyon~ amhoriz~a ~o ac~ for him/h~ ha~
d~rib~c. =~?~r m m~ i* a~ilabl~ for inspection or consideration by a prospective purchaser b~cause ct'his/h~r race, color, r~ligion, sex, familial
sta~alio~ ~ origin, or disabili~; (2) hc/sh~ has both provided and ~xplain~d to Ibc purchaser Ih~ notice r~garding usc of HUD's closing agcnl; (3~
he/she has ~ )lathed fully to thc purchaser th~ Cnlire ~erms of Ibc contract, ~cluding Condition B on thc r~v~rse h~rcof; and (4) h~/sh~ is in compliaqce
with HUD's e~nesi moncy policy as s~[ forth on HUD forms S~S-1116 and SAMS-I 116A, Selling Broker Information and C~nificadon, which he/
she h~ ~xccutcd and filed with S~llcr.
Brokets Business N~e · AdO~ess: (lot IRS repoaing) (include Zip Gode) J Brokeds SSN or Employer ID No. (include hypnens) J SAMS SL-NA Number:
. Signalure ol Broker: J BroKeCs Phone No:
x
Type o~ pdnl ~e n~e ~d phone number ot sales person:
ecllonfor HUD use only. Broker notified of: Authorizing Si e & Dam:
ceptance ~Back-Up No ...... ~~
,ection J_JReturnEarnestMoneyOeposit X~ ~ -"~. ~/ ~
Prevmus editions am obsolete ~py 1: To HUD Io~1 office; upon approval, ~UD wi relurn ref Handbook 43 ~ 0 5 [orm HUD-9548 (3/9J
. ~ gned ~py 1 to Broker for dellve~ to Purch~er
MEMORANDUM
TO: David Harden, City Manager
THRU: Lula Butler, Community Improvement Director
FROM: Dorothy Ellington, Community Development Coordinator
DATE: June 24, 1996
SUBJECT: HOPE 3 Acquisition/235 S.W. 1 st Avenue, Delray Beach
ITEM BEFORE THE COMMISSION
This is to request approval to acquire one single family housing unit under the HOPE 3 Program.
The 235 S.W. 1st Avenue unit will be purchased at a cost of $33,300. The property will be
purchased for rehabilitation and resale to an income eligible buyer and the HOPE 3 Program.
BACKGROUND
The City in partnership with the Palm Beach County Housing Partnership, Inc. 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 1994 and have since purchased six additional units, two
of which have been sold to income eligible home buyers. These properties are located within
various neighborhoods throughout the City, often having been boarded-up while waiting for HUD
to dispose of them
Once we acquire the property, we will rehabilitate them to standard code requirements 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 additional homeowner opportunities. We expect
to purchase three additional units buy March 1997, for a program total of 10 units, in order to
complete the City's HOPE 3 funding agreement.
RECOMMENDATION
Staff recommends approval of this request, authorizing the closing on the property as listed
above.
Agenda Item No.: 6'/Y
AGENDA REQUEST
Request to be placed on: Date: 3une 24, 1996 ~ q/J~
Regular Agenda ____ ~x~ °~t_,,~ ~ ~
Special Agenda ~,cv ^ _~,
Workshop Agenda ~ ~- ~,'~-~-~
XX Consent Agenda When: ~6
.Description of item (who, what, where, how much):
This is to request approval to acuire one single family housin~ unit under
the HOPE 3 Pro~ram. The Resolution to purchase the unit 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 recommends approval of this request, authorizin~ the closin8 on the
property as listed above.
(Example: Recommend approval with funding from Special Events
Account No. 001-3333-555-44.55).
City Attorney Review/ Recommendation (if applicable):
Budget Director Review ( required on all items involving
expenditure of funds):
Funding available NO
Funding alternati~
~ ( if aplo~,icable)
Account No. & Description:
Account Balance:
City Manager Review: ~~ (~
Approved for agenda: NO
Hold Until: .-.
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
[lTV OF DELRflV BEIIgH
Writer's Direct Line: (407) 243-7091
DELRAY BEACH
Ali.America City MEMORANDUM
1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Hope 3 Property Purchase - 235 S.W. 1st Avenue
The attached resolution incorporates a contract for the purchase of the above-stated
property for $33,300.00 as part of the Hope 3 Program. Closing is to occur by August
6, 1996.
If you need additional information, please contact Dorothy Ellington, Community
Development Program Coordinator, or our office.
Attachments
cc: David T. Harden, City Manager
Lula Butler, Director of Community Improvemem
Dorothy Ellington, Community Developmem P.C.
Sharon Morgan, City Clerk's Office
07/02/96 TIlE 10:43 [TX/RX NO 6992]
NOTICE IS HEREBY GIVEN, ~at the
City of Detray Beach, Florida, has de
re, mince it to ~e in the best interest of
the City to purchase certain real
er~ Jacateg af 2~ S,W. 1st
Delray Beach, Florida, ~ municipul
l~erpu~s, more particularly deecrJt~l
Lot 13, Block 63, TENBROOK$, Sut)cli.
visioe o~ Par~ of Block ~3 of t~e ~ of
Lint~ (now Delray Beach, Florida),
ac¢orOi~g to the Diet rnereof oe file in
the Office of ~e Cierk of the Circuit
Court in and tot Palm Beach C~llty,
F~'ida recorcie~ in Plat BO(~ 6, Page
SuGject to eesemen?s, restrictions, lim-
itoti~s. ~ other matters Of recor~
and orne~ gond and valuable c~sider-
afio~. A ReeaOIU1i~ of the City Com-
missio~ of toe City Of Delray Beach,
F~orkla eutt~'jzing the purchase of
pro~-Iy and ae rrm terms and
ered for a~ofion 0y the City Comm~.
sion at a regular meeting to ~ held at
6:ee a.m. on T ~.~la y, July 23,1996.
CITY OF OELRAY BEACH, FLORI-
Alisa1 MacGregor
City Clerk
Publish: July
The N*~r~ '~.-~
Boca Ratc~/Delray Beach
Acl/372567
NOTICE OF INTENT TO ACQUIRE REAL PROPERTY
NOTICE IS HEREBY GIVEN, that the City of Delray Beach, Florida, has determined
it to be in the best interest of the City to purchase certain real property located at 235 S.W. 1st
Avenue, Delray Beach, Florida, for municipal purposes, more particularly described as
follows:
Lot 13, Block 63, TENBROOKS, Subdivision of Part of Block
63 of the map of Linton (now Delray Beach, Florida), 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 6, Page 3.
Subject to easements, restrictions, limitations, and other matters of record for
the purchase price of $33,000.00, and other good and valuable consideration. A Resolution of
the City Commission of the City of Delray Beach, Florida authorizing the purchase of property
and on the terms and conditions set forth above, will be considered for adoption by the City
Commission at a regular meeting to be held at 6:00 p.m. on Tuesday, July 23, 1996.
CITY OF DELRAY BEACH, FLORIDA
Alison MacGregor Harty
City Clerk
PUBLISH: The News
July 12, 1996
July 19, 1996
tex3/acquire.dnt
CITY I)F i)ELA;IY BEII£H
CITY ATTORNEY'S OFFICE
'2;;',) ~,,,l,,,: · DFiLRAY BEACH, FLORIDA 3Lh144
W~mr's Dim~t L~: (~) 243-7~1
D[tRAY ~[ACH
lll.lmdca City ~MO~~
J~iy2, 1~6
1993
TO: Alison MacGregor Ha~, Ci~ Clerk
FROM: Susan A. Ruby, City Attorney
SUBJECT: Hope 3 Property Purchase - 235 S.W. lsl; Avenue
Please place the attached resolution and comract on the City Commission July 23, 1996
agenda for City Commission approval. Attached please find a cover letter to the City
Commission regarding the purchase.
Please advertise the property acquisition on July :8, 1996 and July 1_.2, 1996 pursuant to
the Notice of Intern to Acquire Real Property, which is also attached for your use.
Attachments
cc: David T. Harden, City Manager
Lula Butler, Director of Community Lmprovemem
Dorothy Ellington, Community Improvemem P.C.