Res 98-94 RESOLUTION NO. 98-94
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 239 N.E. 1st 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:
~_~ 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 Iow to moderate income
home 'buyers under the HOPE 3 Housing Program, for the purchase price
of Fifty-Nine Thousand Eight Hundred Fifty and 00/100 Dollars
($59,850.00), and other good and valuable consideration; said parcel
being more particularly described as follows:
Lot 2 and the North 6 feet of Lot 3 (less West 5 feet
road right-of-way), Block 74, TOWN OF DELRAY,
according to the Plat thereof on file in the office
of the Clerk of the Circuit Court in and for Palm
Beach County, Florida, recorded in Plat Book 1! at
Page 12, Public Records of Palm Beach County, Florida
(located at 239 N.E. 1st Avenue, Delray Beach,
Florida).
~ That the Palm Beach County Housing Partnership,
Inc. is hereby authorized to close on the subject property, with the
City of Delray Beach, Florida, accepting title to the subject
property.
~ That the terms and conditions contained in the
Sales Contract, U.S. Department of Housing and Urban Development, and
addenda thereto between Purchaser and Seller as hereinabove named are
incorporated herein.
PASSED AND ADOPTED in regular session on this the 13th day
of December, 1994.
ATTEST:
'~i~y ~le~k t
- 2 - Res. No. 98-94
Sales Contract u.s.Department of Housing and Urban Development .- ..... ~ :~
................ Office of Housing ......... _- - ~- - .......... -. ..............
Property Disposition Program Federal Housing Commissioner OMB ApprovaJ No. 2502-0306 (exp. Sr~o~5)
(Purchaser(~))agreet~p~ntheterms-setf~rthher~n~h~f~wing~r~pea.ty~asm~re~articu1ar~y - -
des,.,cril~,odi, l~the~ee,d, ,~;~veyingthe/~prope.,,rtytothe~ecre,taryofHousin~andUrb,anDevelo~E~enC :' . :~: .~
.. ..2 .% 7 /~/L" - ! '/+-Y'ff_~ 1'~ trevt,o ['~"(4,~do,- ~'L..-.. .,
~ (stre~m~ber, str~fimne, ur~ rmmOer, lfapplk:ad:~e, ctly, oaunty,~tate) / -- · ..... · ~
2. The Secretary of Housing and Urban Development (Seller) agrees to sell the property a~ the price and terms se~.forth herein , pn~l ~ prepare a deed
containing a covcnant~,hiqh warrants ~,~tins~the acts of the SeHer.~d aH claimi0g by, through or under him.. Title will be taken in the foll.o .wlng
PurChe~'erhasp~id$ . " ' :' ' ........ ' '" - . - ,~. - -
as earnest money to be appUed on thepurchasepricc, and .agrees~_ ?., :'~. ~- .
... - ,- -m-p~thebalanc~fthepuic~mseprice~usormin~sProrati~ns~atthetime~fc~sing~.incasht~S~er. The
earnest money deposit shah be held by : ~. .~ ......
4._ [~] PurchaserisalyplyirtgforHUD/FHAinsuredfinanc~withac~shdownpaymentof$ .~. .... _:. ~ .. % .:
dueatclosingandthebalancesecuredbyamortgageinthb~fionntof $ ,. ..... , - :,- '. * ,-3
for " months (doesnotincludeHUDfli"]-IAMo~tgageInsurancePremium).
['~ Said mortgage involves arepair escrow amounting to'. ............................... : .................................. ;: .... · ' 4. $
[-~ Purchaser is paying cash or applying for conventional o~ other fin ancing not involvin&HUD/FHA. ... ..r.
5. Seller willphy rcmonablc and customary costs, but not more than a~t~l costs, ~or more than paid by a typical ScUer .. %. *. _. [ ~ I .... "
i~ the,~.of0bta,,i,,~=r,,,~cing ~d/or clo,ing (e~cl,~aing ~oter s ~mmi~sion!i, an.~,,o,~nt notto e~c~ · S.' $' ~ r~C.'T ~ I ~'~"
6. Upon'a~esc~sing'Sellera~reest~paytothebrok¢~identi~edbe~wac~mmissi6n(inc~uding' ' ..... - '':,~' ". '.~d"~
selling bonus, ifoffcredbys~ller) of....--. ............................................ : ........... ~2..~.'.: .......... ::..~ ....... ~..~.~.:~...: · 6; $ '~ I ~"~__,A :,-,~--'[
7. ThenetamountdueSeHeris (Purchaseprice, Item3,1essItem4eserow, ifany, lessItems~and6).-.:....'....'. ..... · ]?~:i~!:!!~:~?.?~':S~: :it.: :::;; ?:!ill]
$. Purchaser is: - F'~ owner-occupant (will occupy this property as primary residence) - ' ~. ·
· . ~'~ investor ~j~ nonprofit organization [-'] public hous~nz agency ['~. °tl~'~t govc~-n~n6ht ~genc~: '
9. Time is of the es~eu"'~ as to clo.sing'~-~. The sale shall close not tat~ than (~0 ~) days~°~n'Se~ler's acceptance o~ con,act. Closing '
shalibeheldatofficeofSellersdesignatedclosinga~entor ~ 1~2~t'~(~__ C~(-~t~.~l~t'~P~'~ ~{ ~..~.~_~k '~. .~.
10. lfScllerdoesnotaoceptthisoffer, ScUer ~ may ~] maynot holdsuchofferasaback-upt~acceptedoffer. ";', ~. ' ,.:: .... , ~
I1. Lea~i based paint addendmn [~ is [~ is not attached; Other addendum_[~] is ~] is not attached, hereto and made part of this contract. L
'- 12.' Should Purchaser refilse or otherwise fail to ~e~form in aCcOrdance with'th~ ~n~act~'~clUding the fim'~ limitation, Seller
Selle ssole~ion,~ ..... ' ·
r allo r aportion ofthede pos ntas liqmdated damages .... . The Seller reserves ther~ghtto applytheearnes~ money,' . ........
or any POrtion thermf, toany stuns which may be owed by the PurchaSer to the SeHe~'~irent-' s nitlals Se~leCs {nitJals',. "'
13. This con~'act is subject to the Conditions of Sale on the reverse hereof, which are incorporated herein and made part of thais c0ntract~ , . , . ,
~rtlfl¢.~. ion of Pt~re.h~at:. The unde~igned certifies that inafflxing his/her/its signature tothis, contract he/she/R~understand~..~ ,:
(1) aH the contents thereof (including the Conditions or Sale) and is in agree, men_ t therewi, th with0u~ pro.test; (2)'he/she/it is responsible.
for satisfying it~. If~s to the full conditifin.of the property'; iind (3) that Seller will not perform repairs .,after acc~,pta ~nce of:~is co~n~r..acL.?i~
I I:',~ No::: ,*. ,,.; ~:l I ~t~ ~'ctm~s).Sign~
. . . .......... . t;4o'7-(_osq-/2-0/ I I./o,/qc/ .
s~: Secretary o! Housing and Orba~ Development By: Itypename.&titte, &sign). ' ? . .t ..... {DateOon~'acIAccepted~y HUD:
certiflcatl°n of Broker: Thc andc~signcd certifies that: (1) ncithc? he/she nor anyon.c authorized to acrfor him/her has declined to sell thc property
deseribed here~ to or ro make it available for in$'p~ction or consideration by a pmspect?e purchaser b~au.~e of his/her race, color, religion, sex. fam'uiaJ
~tatus, national origin, or disability: (2) he/.~hc has both provided and explained to thc purchaser thc '* '" ' ;' '~'
nottce regarding ~s~ of HUD"s Closing agent; (3)
he/she hu explained fully to the p~chuer ~e eat/re terms of the:co~tract, including Condition B on thc re;;,ersc hereof; and (4) he/she is in cOmpliance*
with HUD's eaxnest money policy as set fort~ bn HUD forms SAM$-I 116 and SAMS-! ! 16A, Selling Broke~ [rfformation and CertLf~cation, which
she hu executed and filed with Seller. -. ' .- · :, :- .. :~ "" : .. ....
Thts--tlorl for HUD- oll~J. Broker notified of: I ;ulhorizing Signature & Date:
[~^c~anc, [~B~-Up No. · , · ,
L~ Rejection ~ Return Earnest Money Deposit
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
ACOUISITION OF PROPERTIES UNDER HOPE 3 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 841,500.00.
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.
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 Item No.: ~~
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 Approval
to acquire 4 properties under the HOPE 3 HousinK ProKram. Total acquisition
costs: $182,350. FundinK available from the HOPE3 Grant Funds
(Example: Request from Atlantic High School~or $2,000 to fund
project graduation).
O~INANCE/ RESOLUTION REQUIRED: YES/NO Draft~tached: YES/NO
Reco~endation:
(Example: Reco~end approval with funding/from Special Events
Account No. 001-3333-555-44.55).
DepartmentHeadSignature:_,~,~Z~'/~/~
City Attorney Review/ Reco~endation (if applicable):
Budget Director Review (required on all items involving
expenditure of funds):
Funding avatlable:~NO
Funding alternattve~. ~F~ ~ (i~ applicable)
Account No. & D~scrip~ion: //~-/q~--~.S~. ~/--/V ~O~_~--~N~
Account Balance. ~~
City Manager Review:
ApprovedHold Until:f°r agenda:~NO ~
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 S.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 ll, 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 $39,600.00, 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 15~, 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 $4~,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 ll 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
$59,850.00, 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 Harry
December 11, 1994 City Clerk