Res 96-94 RESOLUTION NO. 96-94
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 SALES CONTRACT
STATING THE TERMS AND CONDITIONS FOR THE SALE AND
PURCHASE BETWEEN THE SELLER 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 264 N.E. 14th Street, Delray
Beach, Florida, to provide home ownership opportunities for iow 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:
~ 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-Nine Thousand Six Hundred and 00/100 Dollars ($39,600.00),
and other good and valuable consideration; said parcel being more
particularly described as follows:
The East 55 feet of Lot 11, PLUMOSA PARK - SECTION
"A", according to the Plat thereof on file in the
office of the Clerk of the Circuit Court in and for
Palm Beach County, Florida, recorded in Plat Book 23
at Page 68, Public Records of Palm Beach County,
Florida (located at 264 N.E. 14th Street, Delray
Beach, Florida).
~_~ That the Palm Beach County Housing Partnership,
Inc. is hereby authorized to close on the subject property, with the
City of Delray Beach, Florida, accepting title to the subject
property.
~ That the terms and conditions contained in the
Sales Contraot, U.S. Department of Housing and Urban Development, and
addenda thereto between Purchaser and Seller as hereinabove named are
incorporated herein.
PASSED AND ADOPTED in regular session on this the 13th day
of December, 1994.
ATTEST:
citY-ClArk '
- 2 - Res. No. 96-94
*Sales Contract u.s. I:kpartment of Houelng end Urban Oevelopment-- , · ~. . :~ *, ... : :,~
................ Office of Housing . * ........... ~:---~ ~: ............. '-
Property Disposition Program Federal Housing Commissioner ' . OMB Approval No. 2~02a:~306.(nx~. 9r30tas)
(Pu~hase~(s))ag~ee~sse~nthetermssetf~rthherem~thef~wmgpr~perty~ssm~repa~ticu~a~y~:.~.~' 1'~:~'~ ~/ ~ ~
des_criticdinghede~e, dco_Ryey~.gthepropertytotheS_ecreta~, ofHousing~lLdUrban .Dev~elop~ent: .~.r:.' f! ~' '." : I-~"t '--'--
(slreelnumber, slmemame, ueim~mber,ilap~TcaUe, d~y, coun~-,Siale} ~"- [ · . -/ ~ ~.., ,.".. -: . , : .; .. .,...
2. The Secretary of Hoasiag and' U.an Development (Sene0 ~rees to'sea ~e propc~ at'th~'p;.icc and t ,c~.. set forth herein, an..d t.o.. Prepa~e, a, deed
conta~in8 a covenantwhic~ warrants against the~cts or,be SeU~ and .a~,~imin~ by,~hrough o,r under hhiL T!tle wi, U be ,~kc, n in the followin g
" ' ' ' ' "~'~/1·~ '~' ' ~Lr't~d- - '- '~'~ ~'~-""~ ~ ~' '~' ":' ': - '
,Pl~c~ss~rhsspaid$ ; =" ~' : . ssea~nestmoneyto.be~pplle, donthep,~.chasept~ce;and, agtccs :~. ~' ' -.,~./'. '.~ ;
"-' ~pay the balanceofthepuxchsse pri~e,plu~ orm~nlJ~ pm~atio~.% a~the time 0f?osing, incash to SeiZer. The- ' ' ' ~': '" "- '
eameStmoneydcpositshallbeheldby ..- _ .._ ,· .. .;. :.': :,.~.,.'
4... ~-lPu~chsser is applying for HUD/FHA insuredf'manci~g wlth a cssh down p~.yment of $ . , ...
· . ,,.:..~.. ? :..~.; ,~,z~:.:?. .,.,
"du~atclosinaandthebal~ncesecu~edS~amortg~gc~inl~eam°uni°f $.. ."'.; . ..- ." ..... . . , ;~ ..~-, ... ....... ... ,..
for ' months (does notincludc HUD/FI-IAMortga~c Insurance Premium). ~ ..... · . .... : ..
E3 Said mortg~*geinvolvc~ a repai~ esc~w amounting to ..... :. ........................................... .~ ...... :....; ...... ~..'~' 4. $
D ]~l~chsser is paying cash or app]yin~ fo~ conv~l~tional or other financ~g not involving HUD/FHA.: "'
' ' ' ' ~ ' -" ' ' ' ' 'C ·
~. S~er~ayress~nab~eand.cust~m~ycosts~butn~tmorethanac~tua~c~sts~n~rm~re~than~azdbyatyp~ al. Scll~
' in'the a~a, of obtaining financing and/or closing (excluding broker s ~ommission,) in an.am0unt,not to. e..xcc~d ~. S.. $ IL1 I~[' .I.
6. Up~ns~csc~sin~Se~e~agreestop~yt~th~br~k~ridcnti~edbe~w~c~mmissi~n(inc~.u.d.in~ ~"_ .':" .' . ~,,,~..-:~..,~ ~
scllingbonus, ifoffcredbysellcr)of..: ........ ..~,:..~.~.:'....: ....... :...~ ....... : ........ : ................. :.iL..;....;L...L ..... L:'..:~: ~- 6. $- L~[
9'. Th~net~m~untdu~Se~ris~(Purchas~pricc~tern3~ss~t~m4cscr~w~ifany~ess~tcms~5ani:~(~) .....~ ............ ~ [~ ~' ~:~i/': ~0':'~ :'" !.i.'
8. l~ch~er is: [-'-] o~mer-occupant (will occupy this pml~'ty-~ primazy residence) " ' .
· ;- ' ~ investor ~ nonprofit organization F'~ publi~ ho~lsin,~,~,~gency D' other governm;nt igency. ".~ ":
9. Time is of the ess~.nc~ ss to closing. The sale shall close not later tllan 'CO ~ ~. ' ~days ffom_;Sel~e_r's acccBt¥.ce q~contract. Closing
shallbeheJdalofficeofseller'sd~signatcdclosingagentor'~:¥-~£'l?' ~--.J4::~-~~ ~ t'-~{.,4.1.~-. '' .'.
10. IfS~ll~rdocsnotacc~ptthisoff~r,sellcr~may [~]maynotholdsuchofferasaback-uptoacoeptexloffer. '-,- ~ - : ; . ,: '-
11. ~ based paint addendum F"] is ~]~ not attached; Other addendum~E3 is E~.is ~ot attached hereto and made pan of this contract. "
i2>Shoaid purchaser refas~ Or Otherwme faa to perform m accordance ruth this contrac~ including thelime !mt~alio. a, Seller real, st
,~ller ssoleo rio rel~ialdlora rtionofthede- 'tas':-uidateddamo'-es ~I'h~Sellerreserves'the httoa I theearaestmoee~,
yku whiCbu~aybe eab~th '
~ oran:~portionlhere~toan ms ow ePurchasertotheSellerforrenL ~ s) i~u~s:: s~le~sln~s:'
.; .... : ......... ~, .......... .._.,:,:., ..~., : ..... , .. ....... - .: .... ~ ..... ~.~,: ........ ~:~';~ , ..... ' ...... ~..',. ~.:t...~.'~;.~': .;. .
13, This contract is subject to the Conditions of S ale on the rcvcr~e hereof, which ar~ incorporated herein and mad~ part of this contract. :,, .~ ,.
Certlflc~t. ion:of Porch~ser: The. uudersi~ned.eertifies that in al'fi~in~ hie/her/it~ si~natore tothis contract he/she/it understands: ~..,:~:
(1] aa the contents.th~r~,~f (hicludia~ the Conditions .of Saie) iu~d'is hi s~reemen.t thellewith withOut'protest; (2) he/she/ii is
for s~tis/linS itsdf ~s to tic.full condition bf the Pr~0Pertl,; and O) that Seller ~ill not perf_ orm I:epa[rs ~r.~cc~ptance of this contract,~. -
I~rc~se~(s): (t~p~ ~ nsmes. ~ securt~ numbers, & sign) . ~ ,. .. . -. [ Pum~..set(s) A0dress: . r ,' -- t ~' ---A ~',. {,1,~
r'ro~rl~, rqr'H't~r:~.//.~cJ.-r/c..,..,.. "':.'1.'",' '~' 'r' ~4'-, ~ ' , · --,
- ~ rl/'! ~ ~;. 'M 1/'~ 7".i tL ~/~ . . I ~ No .... I O,, ~as,~s)~ed
..,, , ,.,..,.,. ,., : . . _ _ .: .: _ , ,.. ,, . , ·
salt: Secmta.ry of Housing and Urban DeveloPment By:: (type.name & lille, & sign) · . J Date Conlrac! Accepted by H' UD:
x '" ,"'-'":' '.-'"1"' -':'
Certification of Broker: The ande~signed ce~fi, es that: (~) neithcr he/shc noranyonc authorized to act for. him/her has declined to scll the property
· described h~ein to or.to make it ava£1abli fo~ inspecti0~t or consider~tio~ by a prosp.ective purchsser becau.s.e 0f hisser fa?e, color, religion, sex. f~mRi~!
stat~, national origin~, or disability; (2) he/she has both provided and explained to the purchaser the n. ofioe .regarding dsc'ofHUD's closing agent; (3)
he/she has explained full~ Io the pu~chsscTl~e eh'fife'terms of the contract, Lnc]ading Condition B on the reverse hereof; and (4) he/she is in compliance
with HUD's earnest money policy as set forth on ~UD forms SAMS-! ~ ! 6 and SAMS-! 1 ! 6A, Setting Broker [nformatlon and CertifiCation, which he/
she has executed and filed with Seller. -' ' -
Bm~er's Bu~ness Name, Agdmss: (kx IRS reposing} 0nctlxte Zip Code) [ Brokers SSN or Employer ID No. (Inctude hyphens)" ,I,sA~ SL-~, Num~:
Th. seogon for HUD- only. Broker nolified of: I ;u~xxizlng Signature & Date:
[~Acceptance I~Back-Up No. "
! tRejection . I IRetum Earnes! Money Deposit
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM ~ ~ - MEETING OF DECEMBER 13. 1994
RESOLUTION NOS. 95-94. 96-94. 97-94 AND 98-94/AUTHORIZING
ACOUISITION OF PROPERTIES UNDER HOPE ~ HOUSING PROGRAM
DATE: DECEMBER 8, 1994
This is before the Commission to approve four resolutions
authorizing the acquisition of properties for use under the HOPE 3
Housing Program. They are:
Resolution No. 95-94 for property located at 511 SE Angler
Drive; purchase price $41,500.00.
Resolution No. 96-94 for property located at 264 N.E. 14th
Street; purchase price $39,600.00.
Resolution No. 97-94 for property located at 5072 N.W. 5th
Street; purchase price $41,500.00.
Resolution No. 98-94 for property located at 239 N.E. 1st
Avenue; purchase price $59,850.00.
The City, in partnership with the Palm Beach County Housing
Partnership, Inc., was awarded a $430,000 grant from the U.S.
Department of Housing and Urban Development for the HOPE 3 Housing
Program. It is designed to provide home ownership opportunities
for low to moderate income home buyers through the acquisition of
government-owned properties. These four parcels are the first to
be purchased for use under the program. Closing for one of the
properties is scheduled for no later than December 31st, with the
other three to be closed on by January 31, 1995.
Funding for the total amount of $182,350.00 is available from the
HOPE 3 Grant - Land Acquisition Cost (Account No. 118-1922-554-
61.10).
Recommend approval of Resolution Nos. 95-94, 96-94, 97-94 and 98-94
for the acquisition of properties under the HOPE 3 Housing Program.
ref:agmemo4
AGENDA REQUEST
Request to be placed on: Date: November 28, 1994
Regular Agenda
Special Agenda
Workshop Agenda
x Consent Agenda When: December 3, 1994
Description of item (who, what, where, how much): Requests ~proval
to acquire 4 properties under the HOPE 3 HoustnK ProKram. Total acquisition
costs: $182,350. Fundin~ available from the HOPE3 Grant Funds
(Example: Request from Atlantic High School~or $2,000 to fund
project graduation). ._/
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft~,ttached:
YES/NO
Recommendation:
(Example: Recommend approval with funding/from Special Events
Account No. 001-3333-555-44.55).
Department Head Signature:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving
expenditure of funds):
Funding avatlable:~NO
Funding alternativ~f.
Account Balance:
City Manager Review:
Approved for agenda: ~NOHold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
MEMORANDUM
November 29, 1994
To: David Harden, City Manager
From: Dorothy Ellington, Community Development Coordinator~
Thru: Lula Butler, Community Improvement Director/~
Subject: HOPE 3 Property Acquisition
Commission Meeting 12/6/94
ITEM BEFORE THE COMMISSION
This is to request approval to acquire four single family housing
units under the HOPE 3 Housing Program at an average cost per
unit of $45,587. The cost of acquiring all four units total
$182,350.
BACKGROUND
The City in partnership with the Palm Beach County Housing
Partnership was awarded a grant in the amount of $430,000 from
the U. S. Department of Housing and Urban Development. The Grant
Agreement was executed in March 1994.
The HOPE 3 Program is designed to provide homeownership
opportunities for low/moderate income home buyers through the
acquisition of government-owned properties. During the 1st six
months of our program (March - September) there were no
eligible properties available to acquire. Since September 1994,
we were successful in our bid to acquire four properties from
HUD. Contracts were submitted by the Housing Partnership on our
behalf with closing to be scheduled no later than December 31 for
one property and January 31 for the .remaining 3. We are
preparing to close on these properties by December 31.
Upon purchase of the properties, funding is available to
rehabilitate them, provide assistance to homebuyers (if necessary
for them to acquire the properties) and then sell the units at
market value. Once the properties are sold, sales proceeds will
be revolved to provide for additional homeowner opportunities.
While we expect to provide assistance to 10 home buyers
initially, as many as 20 home buyers may benefit in the future.
Private mortgage dollars have been pledged by three local banks.
RECOMMENDATIONS
Staff recommends approval of this request, authorizing the
Housing Partnership to close on the properties with the City of
Delray Beach accepting Title.
NOTICE OF INTENT TO ACOUIRE 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, for municipal purposes, more
particularly described as follows:
Lot 33, Block 2, DELRAY SHORES, 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 24 at Page 233, Public Records
of Palm Beach County, Florida (located at 511 $.E.
Angler Drive, Delray Beach, Florida). Subject to
easements, restrictions, limitations, and other
matters of record, for the purchase price of
$41,400.00, less existing liens, and other good and
valuable consideration.
The East 55 feet of Lot 11, PLUMOSA PARK - SECTION
"A", 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 23
at Page 68, Public Records of Palm Beach County,
Florida (located at 264 N.E. 14th Street, Delray
Beach, Florida). Subject to easements, restrictions,
limitations, and other matters of record, for the
purchase price of 839,600.00, less existing liens, and
other good and valuable consideration.
The Easterly 40 feet of Lot 13, Block 4, PINE TRAIL
SECTION 4, 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
35 at Page 151, Public Records of Palm Beach County,
Florida (located at 5072 N.W. 5th Street, Delray
Beach, Florida). Subject to easements, restrictions,
limitations, and other matters of record, for the
purchase price of $41,500.00, less existing liens, and
other good and valuable consideration.
Lot 2 and the North 6 feet of Lot 3 (less West 5 feet
road right-of-way), Block 74, TOWN OF 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 11 at Page 12,
Public Records of Palm Beach County, Florida (located
at 239 N.E. 1st Avenue, Delray Beach, Florida).
Subject to easements, restrictions, limitations, and
other matters of record, for the purchase price of
859,850.00, less existing liens, and other good and
valuable consideration.
A Resolution of the City Commission of the City of Delray Beach,
Florida, authorizing the purchase of each of the above referenced
properties, 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. December 13. 1994, in the
Commission Chambers at City Hall,. 100 N.W. 1st Avenue, Delray Beach,
Florida. Pursuant to Section 36.04 of the Code of Ordinances of the
City of Delray Beach, Florida.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
December 4, 1994 Alison MacGregor Harty
December 11, 1994 City Clerk