Fort Walton Beach Council agenda — 11-12-02 regular Council agenda — reading text

Disposition Agreement states: Closing date is on or before December 31, 2002 The City shall convey the title by quit-claim deed Habitat will provide the financing for and construction of a single family dwelling on the lot. The single family dwelling shall be sold to and occupied by individuals or a family whose income meets Habitat' s applicant selection requirements. Habitat shall obtain a building permit and all construction shall be in conformance with all applicable regulations. The Fees for the building permits shall be waived. Current residents of the City shall have priority in obtaining the single family dwelling with residents of Okaloosa County having next priority. Habitat agrees not to discriminate against any applicant because of race, creed, color, sex, religion, disability, national origin, or familial status. Habitat agrees to apply its resale limitations Within 14 days after closing of the sale to purchaser, Habitat shall submit copies of certain documents and other standard provisions. RECOMMENDATION: City Council approval of each of the three resolutions, one for each of the lots. C! Jeid Q r;~ Silverboard 1 I? f cYate 10""<- City Manager 5<.. t' fi 12 ~. R-(.. 7- b.-.. s I.- J-/ 7 e- ef.....  o 1 2 RESOLUTION NO. 3 4 5 A RESOLUTION OF THE CITY OF FORT WALTON 6 BEACH, FLORIDA, AUTHORIZING THE 7 DISPOSmON OF REAL PROPERTY LEGALLY 8 DESCRIBED AS WT 18, BLOCK 8, OAK RIDGE 9 ADDmON TO FORT WALTON, WHICH WAS 10 ACQUIRED WITH COMMUNITY DEVEWPMENT 11 BWCK GRANT ( CDBG) FUNDS, TO HABITAT FOR 12 HUMANITY IN OKALOOSA COUNTY, INC., 13 AUTHORIZING AND DIRECTING CWSING BY THE 14 MAYOR, CITY MANAGER AND CITY CLERK AND 15 PROVIDING AN EFFECTIVE DATE. 16 17 WHEREAS, the City of Fort Walton Beach has in its possession an undeveloped 18 single family lot which was acquired with CDBG funds; and 19 20 WHEREAS, the City wishes to offer this property for the development of an owner- 21 occupied single family home; and 22 23 WHEREAS, Habitat for :H1J1t1anity in Okaloosa County, Inc. has requested that the 24 City convey to it a single family lot for development oflow/moderate income housing; and 25 26 WHEREAS, Habitat for Humanity in Okaloosa County, Inc. has proven capabilities 27 for providing technical assistance and financial assistance for the development oflow/moderate 28 income housing. 29 30 NOW, mEREFORE, BE IT RESOLVED BY mE CITY COUNCIL OF mE 31 CITY OF FORT WALTON BEACH,FLORIDA, THAT: 32 33 SECTION 1. The City will contract with Habitat for Humanity in Okaloosa County, 34 Inc. for the transfer of the following descnb' ed real property under the tenns, purposes and 35 conditions stated in the Property Disposition Agreement, attached hereto as Attachment " A". 36 37 Lot 18, Block 8, Oak Ridge Addition to Fort Walton, according to the plat thereof on 38 file in Plat Book 1, Page 89, in the Office of the Clerk of the Circuit Court, Okaloosa County, 39 Florida. 40 41 SECTION 2. This resolution shall not be construed as granting or assuring or land use or other 42 indicating any future approvals of any building permits, variance, or rights with respect to any of the property which is the 43 development approvals, permissions, 44 subject ofthis resolution. 45  r'" V 46 SECTION 3. The City Manager shall be authorized to execute the Property 47 Disposition Agreement ( Attachment " A") on behalf of the City. 48 49 SECTION 4. The Agreement contains the imposition of conditions by the City 50 authorized to be imposed by the City. The Mayor, City Manager and City Clerk are authorized 51 to execute and deliver such deeds and other documents as are necessary to close the transfer. 52 53 SECTION 5. This resolution shall take effect immediately upon approval by the City 54 Council and signature by the Mayor. 55 56 PASSED AND ADOPTED by the City Council of Fort Walton Beach, Florida, in day of . 2002. 57 regular meeting assembled this _ 58 59 60 61 62 M~ oc 63 64 Attest: 65 66 41,;'-', 67 68 City Clerk 69 70 The form and legal sufficiency of 71 the foregoing has been reviewed 72 and approved by the City 73 Attorney 74 75 76 77 CITY ATTORNEY 78  c ATTACHMENT A CITY OF FORT WALTON BEACH PROPERTY DISPOSmON AGREEMENT This Agreement is made and entered into on the day of 2002, by and between the CITY OF FORT WALTON BEACH,FLORIDA, a Florida municipality, hereinafter the " CITY" and HABIT AT FOR HUMANITY IN OKALOOSA COUNTY, INC., a Florida not-for-profit corporation, hereinafter HABITAT. " WHEREAS, the City has applied for and received funds from the United States Government Community Development Block Grant Fund with which the City has obtained the hereinafter described real property; and WHEREAS, the City wishes to engage HABITAT to assist the City in utilizing such real income families; and j..--,. property for the provision of affordable housing for low/ moderate WHEREAS, Habitat provides financial aid for and construction of single family homes for low/moderate income families; and WHEREAS, Habitat has requested that the City convey the hereinafter described real home for a low/moderate income property for the purpose of constructing a single family family. WHEREAS, the conveyance of this property to Habitat for such purpose will further address HOD' s National Objective to provide permanent housing for low/ moderate income families as identified in CFR570. 208( a)( 3). NOW, THEREFORE, it is agreed between the parties hereto that: SECTION 1. Recitals. The above recitals are true and correct and are incorporated herein. 1  o o SECTION 2. Lot. The single family lot of real property which is subject to this agreement is described as Lot 18, Block 8, Oak Ridge Addition to Fort Walton, according to the plat thereof on file in Plat Book 1, Page 89, in the Office of the Clerk of the Circuit Court, Okaloosa County, Florida. SECTION 3. Consideration. Consideration for this agreement is the covenants and promises made by Habitat contained herein. SECTION 4. Cost of Closing. Buyer shall be responsible for all closing costs, including, but not limited to, title insurance, abstracting fees, recording fees, and documentary stamps. SECTION S. Closing Date. Closing shall be held at the office of the Buyer' s attorney. This transaction shall be closed and the deed and other closing papers delivered on or before December 31, 2002, unless extended by other provisions of contract. SECTION 6. Conveyance. The City shall convey title to the real property by quit- claim deed. SECTION 7. Performance by Habitat. A. Habitat shall provide financing for and construction of a single family dwelling on the lot. The single family dwelling shall be sold to and occupied by individuals or a family whose income meets Habitat' s applicant selection requirements. Habitat' s intent to applicant selection process shall be structured and remain so as to fulfill the serve qualified individuals and families. 2  f o t~ B. Habitat shall obtain a building permit for the single family dwelling and shall submit the proposed construction plans of the single family dwelling to the City' s Department of Community Development Services for approval prior to the issuance of building permits. The fees for the building permits shall be waived. C. The construction of all structures shall be in confonnance with all federal, state, county, and municipal building codes and land development regulations, as required. D. Current residents of the City shall have priority in obtaining the single family dwelling over nonresidents. Current residents of Okaloosa County shall have next priority. E. Habitat agrees not to discriminate against any applicant because of race, creed, color, sex, religion, disability, national origin, or familial status. SECTION 8. Resale Limitations. Habitat expressly agrees to apply its resale limitations to the purchaser. In the event of reversion, habitat shall locate another qualified purchaser( s) for the real property and convey title in accordance with the terms of this agreement. SECTION 9. Post Closing Documentation. Within fourteen ( 14) days after closing of the sale to purchaser(s), Habitat shall submit copies of the following documents to the City' s Department of Community Development Services: 1) copy of fully executed contract for sale and purchase; 2) certified copy of recorded warranty deed; 3) certified copy of the recorded Right of First Refusal Agreement in favor of Habitat 4) certified copy of the Second Promissory Note 3  c o 5) certified