Fort Walton Beach Resolution — 00-08-Disposition of CDBG Properties — reading text

upon the date of execution by the Grantor or the Grantee, whichever is later. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials, 4  o o PROPERTY DISPOSITION AGREEMENT l) This agreement is made and entered into the LLday of / nd , 2000, by and between the CITY OF FORT WALTON BEACH, FLORID~ tical subdivision of the State of Florida, hereinafter the " GRANTOR" and HABITAT FOR HUMANITY IN OKALOOSA COUNTY, INC., a Florida not-for-profit corporation, hereinafter also the " GRANTEE." RECITALS 1. The Grantor is the owner of a single-family lot identified in Section 2 below. The subject lot was purchased and then cleared of uninhabitable structures by the Grantor utilizing Community Development Block Grant funds. This action addressed HUD' s National Objective to eliminate slum and blight as identified in CFR570, 208 ( b)( 2). 2. The Grantee provides financing for and construction of single family homes for low-income households. 3. The Grantee is requesting that the Grantor convey the property identified in Section 2 below for the purpose of constructing a single family home for a low- income household. 4. The conveyance of this property to the Grantee for such purpose will further address HUD' s National Objective to provide permanent housing for low and moderate incomes as identified in CFR570. 208( a)( 3). NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree as follows, Section 1. Recitals. The above recitals are true and correct and are incorporated herein. Section 2. Lot. The single family lot which is subject to this agreement is legally described as Lot 14, Block 4, Brooks Addition, as recorded in Plat Book 1, Page 99, Okaloosa County, Florida. Section 3. Low and Moderate Income Household.  o o The criteria for income limits will be mandated by HUD' s Section 8 Income Limits for Low and Very Low Income Families under the Housing Act of 1937, as amended. Section 4. ScoDe of Aareement. Subject to the terms of this Agreement, the Grantor shall convey each lot to the Grantee, upon issuance of a certificate of occupancy after construction of a single family dwelling on the lot identified in Section 2., above. A. Current residents of the City of Fort Walton beach shall have priority in obtaining the lot over any persons whom do not live within the City limits, Residents of Okaloosa County shall have second priority. B. The Grantee agrees not to discriminate against any applicant because of race, creed, color, sex, national origin or familial status. C. The Grantee shall provide the financing for and the construction of one single family dwelling on the lot described in Section 2, above. The single family dwelling shall be sold to and occupied by individuals or families with incomes as delineated in Section 3, above, D. The Grantee shall also provide the purchaser, homeownership counseling as a condition to this Agreement. E. The Grantee shall secure the purchaser within twelve ( 12) months of the execution of this Agreement. The single- family dwelling shall be complete and a Certificate of Occupancy issued within 21 months of the execution of this Agreement. F. The Grantee shall submit the proposed building plans for the dwelling to the Department of Community Development Services for approval. The plans must indicate that the proposed dwelling meets the following minimum specifications: a minimum of 900 square feet of living area, with central air conditioning and heat, wall to wall carpeting and vinyl and contain all major appliances. The submittal shall precede an application for building permit by the building contractor. G. The Grantor acknowledges that even though the Grantee is not the owner of the property at the time construction permits are applied for, that the Grantee is authorized to apply for and receive said permits in their name, subject to other provisions of this agreement. H. The Grantor shall pay all closing costs for the conveyance of these properties to the purchaser. 2  o o I. The construction of all structures shall be in conformance with all applicable locally adopted building codes, zoning and land development regulations. Section 5. Resale Limitations. A. The purchaser from the Grantee, hereinafter uPurchaser",shall occupy and shall not sell or transfer the dwelling for a period of five years from the date of occupancy. Upon closing of the sale of each dwelling to the Purchaser, the Grantee shall cause to be recorded in the Public Records of Okaloosa County, Florida, on a form obtained from the Department of Community Development Services, a lien to be executed by the Purchaser in favor of the City of Fort Walton Beach. The lien shall be superior to the Purchaser's homestead exemption that shall be waived by the Purchaser as to the City' s lien. The lien shall be in the amount of $10, 000. If the purchaser vacates the premises or sells or transfers title of property within five years from the date of initial occupancy, the Purchaser must pay the Grantee the amount of the lien less 20% per year, pro- rated, from the date of initial occupancy. B, Within fourteen ( 14) days after closing ofthe sale to the Purchaser of each lot, the Grantee shall submit copies of the following documents to the Grantor's Department of Community Development Services: 1) a copy of a fully executed contract for sale and purchase, 2) a certified copy of the recorded warranty deed, 3) a certified copy of the recorded tien in favor of the Grantor, 4) a copy offulty executed closing form, 5) a copy of the income verification form, and 6) a copy of the executed sales agreement between the Grantee and the Purchaser. Section 6. Severabilitv. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of the agreement. If the rights and obligations of the parties contained herein are not materially prejudiced and if the intentions of the parties can continue to be affected this Agreement is declared severable, Section 7. Land Use provals. Al;? 3  o o This Agreement shall not be construed as granting or assuring or indicating any future approvals of any building permit, variance, land use, or other development approvals, permissions or rights with respect to the property. Section 8. Property Conveyance. The Grantor will convey title by Special Warranty deed, warranting against the lawful claims and demands of all persons claiming by, through, or under Grantor, but against none other, and further subject to governmental regulations. The Grantor shall at the Grantor's expense, deliver upon execution of the agreement to Grantee, title insurance commitment and after closing, and owner's policy of title insurance. Title insurance shall be issued by and closing conducted by W, Ray Touchstone, Attorney at Law. Either party may withdraw from the contract within seven ( 7) working days of the contract if dissatisfied with the state of the title. Section 9. Effective Date. This Agreement shall become effective upon the date of execution by the Grantor or the Grantee, whichever is later, IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials. CITY OF FORT WALTON BEACH Reid Silverboard, City Manager 1~/ Aik a~ ate ud .. Helen Spencer, ity Clerk HABITAT FOR HUMANITY IN OKALOOSA COUNTY, INC. l~ ' J00 Jo Czapl Cfw! Executive DI ector p 4