Res 77-96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
" FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN
REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN,
HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS
AND CONDITICIqS FOR THE SALE AND PURCHASE BETWEEN THE S~.T.T.~.R AND
THE CITY OF DELRAY BEACH, FLORIDA.
WHEREAS, the City of Delray Beach, Florida, in conjunction with the Housing
Partnership, Inc., wishes to acquire certain residential property located at 521 S.W.
10th Street to provide for housing pursuant to the City's Afford_~hle Housing Program;
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
Section 1. That the City Commission of the City of Delray Beach, Florida,
in conjunction with the Housing Partnership, Inc., as Buyer, hereby agrees to
purchase from the United States Department of Housing aD~ Urban Develo~ent, as
Seller, land to provide for affordable housing opportunities for low income
individuals, for the purchase price of Forty-Three Thousand Two Hundred and 00/100
Dollars ($43,200.00), and other good and valupble consideration; said parcel being
more particularly described as follows:
Lot 13, DELRAY MANOR ADDITION TO DELRAY, 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 12,
Page 59.
Section 2. That the costs of closing and transactions, title insurance,
document preparation aD~ 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 hereinabove named are incorporated herein as Exhibit "A".
PASSED AND ADOPTED in regular session on this the 15th day of October,
AT~EST:
- ~ity Cie~
SaLes Contract u.s. Department of Housing and Urban Development .......... .,i,. ,..~ ..~..,. :._....
Property Disposition Program O, ice of Housing ............
Federal Housing Commissioner OMB Approval No. 2502-0306 (exp. 9/30/95)
' ~ HUD C~se No.
I. l(We), Housing Partner~hip InC. " ;' : [092-~1~- '-
(Purchaser(s)) agree to p.urchasc on thc terms s~t fo[ih herein, t. hc foil?wing property, as more particularly · · ] a ~,,,¥,Z"/~' 2,~'*/~ · .
described in thc dccd conveying thc properly to thc Secretary of Housing and Ur ~ban Development:
521 S.l~. 10th Street:. Delrav Reach; l~. _'t3&a,'. '
(sveel number, street name, unit number. II applicable, city, county.~tate)
2. S.re,a of Housing and Urb 'n r e,,elopme., (se.er).gr.s ,o sell ,h. a, ,he price.,,d ,er s set forth d"d
containing a covenant which warrants .gains, the .eLs of the Seller and .11 claiming by, through or under him. T'~ak~n in !h~ followifigN~
~amc(s)andstyle: City of Delrav Beech ' ' /~L
Purchaser has paid $ 500.00 as earnest money to bc applied on the purchase price, and/~grces
tO pay the balance °fth~ puri:hase Price'plu' °r minus pr°rati°ns'at the time °f'cl°sing' in cash t° Seller/'[~e
earnest money deposit shall be held by HUD =' '- ." { .... ·
' -) Purchaser is applying for HUD/FHA insured fin'ancing with. c~sh down payment/~f $ ~ 74/,~-~--~ .. /-// -/
duc at closing and thc balance sccur:d b lYua~ :orlgagc in ,heamou~fof $ C c" ,: ~ ' '
for ' .. months (do, eno incl d HUD/FHAMortga~'.6lnswan ¢Pr m, m). ~
' O Said mortgage involves a repair escrow amounting to ..... ~...,! .................... ,.,...'..... ........................... · 4. $ J~i~.ff-~}~':~.-
~ Purchaser is paying cash or applying for conventional or other fin/heine not hnvoi~'ing HUD/FHA.
5. Se~er wi~ pay reas~nab~¢ and cust~mary c~sts~ but n~t m~re than actua~ c~sts~ ~r m~e than pa~d by a ~ypica~ Se~e~
in'the area, ofobtalning financing and/or closing (excluding broker's commiss!on) in an amount nol {o exceed · ' S. $
6. Upon sales closing, Seller agrees lo pay to the broker identified below a commi'ssion (including
sellingbonus, ifoffc, red byseller) of ....... ~~._x._~ ......... ~ ..... j ......................... · 6. $ ; ": '.
7. Thcn~~am~un~duc~Sc~Icris(Purchascpricc~~~cm3~~es~~t~m4cscro~~if~hy~~e~~~~~m~5~nd6)~ ·
8. Purchaser is: [--~ owncr-occupant (will occupy this property as prima~ rcsidcncc)
investor ~-~ nonprofit organization O public housing agency O other government agency.
9. Time is of thc essence as to closing. Thc sale shall close not later than 60 days from Seller's acceptance of contract. Closing
shall be he)d at ofl%e of Seller's designated closing agent or A PI,ACE DESIGNA'I~ED BY HUD .
I 0. If Seller does not accept this offer. Seller [] may [] may not hold such offer as a back-up to accepted offer.
11. [~ad based paint addendum [] is []-is not cinched; Other addendum [:] is [~] is not attached herctp and made part of this contract.
! "~ouid Purchaser refuse or otherwise fail to perform ia'a~ci{/-dance ~t'h tli~' ~ontr.aCt; including tbe'timiliifiltgfi:o.,i,
- .~eller's sole~option, retain all or a portion ofthe depositas liquidated da~{ag~s. The"$eller reservesthe ~r~iih'/t0i~'th~ ~ami~'m6aes,
_. oranypoYti~onthereof, toanysumSwhichmaybeowedb~t§ePurchase¥'t°theSell~rforrea~ puro'~ ~(~i}~i~}~~{i,~S {n~:~
Th, is contract is subjccl to thc ConditionsofSalc on thc reverse hereof;which arc incorporated herein.and ma,dc p~.rt of this co, nc[act. · · ,
Certification o[ Purchaser: The undersigned certifies that in affixing his/her/its signature to this, contra.cthe/.she/.it understands: ~,c~ ..
(l).~!!.the'Con~e~its'thereof (including the. C0nditi.,on~ o.f Sal~') and i~ in agre:e~ent therewith withpu! .prot~st~.(.2) hi/.sb~e/it:h~.reSj)'0n~ible_:
for satisfying i~eif~ t~ the./ull condition of the property; and'(3) that Seller-,.wili not perform repairs after.ac,c.,eptaace,p,f, th~Ls,.~ontract.-.,,.
Purchaserls): (type o~ ~lnf names, social security numbers. & sign) [ Purchase~isl A~ress: ·
HOustn~rs~. t~59~-2704597 [310 Clematis Street, Suite 109
~' [ l, lest'l)a:l.m Beach~ FL 33~01
'1 Pho% No: ' { Dee Purchaser(s)~ ed Comr~:
B]/~J'6hn l(561) 61~9-1201
. Secr,~!a~$ing and U~a?~Deve.~lopment' By: (type n~me & ~e, & s~gn, .[ Dale c.tra~, Accepted by HUD:
Certlfl¢.a~on.'o/f~/{~l<er: The undersigned certifies that: (1) neither he/she ~or anyone =ut~'or'iz;d to act f~r him/her has declined to sell thc property
descr ibrd tle, r.e~r to make it av ail.hie for inspection or consideration by a prospective purchaser because of his/her race, color, religion, sex, familial
status, n'ational origin, or disability; (:2) he/she has both provided and explained to the purchaser thc notice rcgardlng use of HUD's closing agent; (.3)
he/she has explained fully w thc purchaser the entire terms of the contract, incl uding Condition B on thc reverse hereof; and (4) he/she is in compliance
with HUD's earnest money policy as sci forth on HUD forms SAMS-I 116 and SAMS-I 1 ] 6A, $cllinl~ Broker Information and Certification, which he/
she haS.executed and filed wilh seller.
Brokers Business Name & Address: ito~ IRS reporting)0'.n~., Zip C~..,) I Bmk:ef'$ SSN , Employ, lO No. (include hyphens) I SAMS SL-NA Number:
~_~S:~x~ ~~ .I s~gnat% ot &*oker: ' l erokers P~one No:
Type.o~ print b%e name and phone number of sales person:
· this sacflon for HUD u,e only. Broker notified of: Aulhorizlng Signature & Date:
~.Accoptanco [~Back-Up No. ~ ~.--r.~--. _ ~>-- ~ ~ -- '~,
LJRejection L[Return Earnest Money Deposit
X
p{evious editions are obsolete c~py I: To HUD tm::~{ office; Ul~.o~. mpp~ovel. HUD witl mature ~et. Handbook 4310.5 Corm HUD-9548 (3/94)
signed Copy 1 to {~rokel, for delivery 1o Purchaser
Exhibit: "A" to Resolution No. 77-96
MEMORANDUM
TO: David Harden, City Manager
THRU: Lula Butler, Community Improvement Directo ~r~
FROM: Dorothy Ellington, Community Development Coordinator
DATE: October 7, 1996
SUBJECT: HOPE 3 Acquisition/303 S.W. 2nd Avenue, Delray Beach
521 S.W. 10th Street, Delray Beach
ITEM BEFORE THE COMMISSION
This is to request approval to acquire two single family housing units under the HOPE 3 Program.
The 303 S.W. 2nd Avenue unit will be purchased at a cost of $35,100 and the 521 S.W. 10th
Street unit will be purchased at a cost of $43,200. The properties 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 seven additional units,
three of which have been sold to income eligible home buyers. These properties are located
within various neighborhoods throughout the City, ot~en 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. The
purchase of these two units will bring the total to ten, which will meet the required number of
units under 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.:
AGENDA REQUEST
Request to be placed on: Date: October 7~ 1996
Regular Agenda
Special Agenda
Workshop Agenda
~ Consent Agenda When: October 15~ 1996
.Description of item (who, what, where, how much):
This is to request approval to acquire two single family housing units under
the HOPE3 Pro,ram. 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: ~ESYNO Draft Attached: YES/NO
Recommendation:
Staff recommends approval of this...r~uest, authorizin~ the closin~ on the
..properties listed above.
(Example: Recommend approval with funding from Special Events
Account No. 001-3333-555-44.55).
Department Head Signature: ~~J ~~
/
City Attorney Review/ Recommendation (i~applicable):
Budget Director Review (required on all items involving
expenditure of funds):
Funding available: YES/NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
~N~°~=~l~''°% U.S Department of Housing and Urban Developmentjacksonville Office
~ ~ Community Planning and Development
= ,U=LI.U, ~ 301 West Bay Street, Suite 2200
4HDM2
,q ~ C ~ ~VED
SEP ? 3 1996
SEP I 9 lgg§ i
Ms. Dorothy ~l~±~gto~
Community Development Coordinator
100 ~ 1st Avenue
Delray Beach, Florida 33444
Dear Ms. Ellington:
SUBJECT: HOPE 3 Program
Grant No. H3-92-FL0015-I-A
Environmental Release
City of Delray Beach, Florida
We have reviewed the environmental threshold information
which you provided to us in your letter of August 27, 1996, for
the Implementation Grant under the HOPE Single Family Homes
Program. Our determination for the property listed in your
submission is as follows:
Approved Properties
The following properties do not exceed any of th~ thresholds
that activate the Federal environmental laws and
authorities. Therefore, HUD approves the use of these
properties in your homeownership program. You may proceed
to commit or expend grant funds or match to undertake
pTopert¥ acquisition or rehabilitation activities.
9. 521 SW 10th Avenue 10. 303 SW 2nd Avenue
Delray Beach, Florida Delray Beach, Florida
For further assistance, please phone your HOPE 3 Program
Coordinator, Nick Sotiropoulos, at (904) 232-1202.
~sincerely ~o~s, .
Director
Community Planning and
Development Division, 4HD
NOTICE OF INTENT TO ACQUIRE REAL PROPERTY
NOTICE IS HEREBY GIVEN, that the City of Delray Beach, Florida, in conjunction with the
Housing Partnership, Inc. has determined it to be in the best interest of the City to purchase certain
real property, for municipal purposes, more particularly described as follows:
__~q~, Lot 13, Delray Manor add to Delray, on file in the Office of the Clerk ~ o~.~.~¢~
of the Circuit Court in and for Palm Beach County, Florida, recorded
in Plat Book 12, Page 59.
South 60 feet of the North 140 feet of the West 140.6 feet of Block 56, .5.
. according to the plat of the Town of Delray, on file in the Office of the Clerk
?~ of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat
Book 20, Page 55.
Subject to easements, restrictions, limitations, and other matters of record for the purchase price of
$43,200.00 and $35,100.00 respectively, and other good and valuable consideration. A Resolution
of the City Commission of the City of Delray Beach, Florida, authorizing the purchase of the property
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 6:00pm on Tuesday, October 15, 1996.
CITY OF DELKAY BEACH, FLORIDA
Alison MacGregor Harty
City Clerk
PUBLISH: The News
October 4, 1996
October 11, 1996
NOTICE IS HEREEY GIVEN, ft~t
City e~
~ ~ ~ H~i~ P~ip.
~ ~ ~ C~ ~ ~ c~lir
Circ~
lift ~
~ 1~,~.
T~
· NOTICE IS HEREBY GIVEN, It~ 1he
~P~.
C~ ~ ~ ~ ~l~r ~i~
~.~.4& 11,~
~ N~