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

copy of the Mortgage and Security Agreement 6) copy of fully executed closing statement; 7) copy of income verification fonn. SECTION 10. Time. Time is of the essence of this agreement. Time periods herein of less than six ( 6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday, or legal holiday shall extend to 5: 00 p. m. of the next business day. SECTION 11. Contract Not Recordable: Persons Bound. Neither this Agreement nor any notice of it shall be recorded in any public records. This Agreement shall bind and inure to the benefit of the parties and their successors in interest. Whenever the content permits, singular shall include plural and one gender shall include all. SECTION 12. Severability If any provisiort of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. SECTION 13. Sovereign Immunity. Nothing contained herein is intended nor shall be construed to waive City' s rights and immunities under the common law, Florida Constitution or Section 768. 28, Florida Statutes, as amended rrom time to time. SECTION 14. Construction. The Parties acknowledge that each party has actively participated in the drafting of this either party Agreement, and the language contained herein shall not be construed against as the drafter thereof. 4  f~ o SECTION 15. Entire Agreement the subject This Agreement contains the entire understanding of the parties relating to whether oral or matter hereof, superseding all prior communications between the parties, written. This Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by insist on strict both parties. The failure of a party to seek redress for violation of or to not be construed as a waiver performance of any of the covenants of this Agreement shall but the same or relinquishment for the future of any covenant, term, condition or election, shall continue and remain in full force and effect. SECTION 16. Survival of Covenants The covenants, terms, and provisions of this agreement will survive the closing of sale and delivery of the deed. SECTION 17. Effective Date. or Habitat, This Agreement shall become effective upon the date of execution by the City whichever is later. SECTION 18. Attorney Fees. Each party shall be responsible for their own attorney fees and costs. 5  I"". o to be executed IN WITNESS WHEREOF, the parties hereto have caused this Agreement by their duly authorized officials. WITNESSES CITY OF FORT WALTON BEACH Print Name: Reid Silverboard, City Manager Date: Print Name: Attest: li~; Helen Spencer, City Clerk Date HABITAT FOR HUMANITY IN WITNESSES OKALOOSA COUNTY Print Name: Print Name Its: Date: iiIi' Print Name: 6  o C~ CITY COUNCIL MEETING November 11, 2002 Resolution to Transfer Property to Habitat for Hwnanity Agenda Item No.- 16 ij;"'"  o 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 19, BWCK 8, OAK RIDGE 9 ADDmON TO FORT WALTON, WHICH WAS 10 ACQUIRED WITH COMM1JNITY DEVEWP:MENT 11 BWCK GRANT ( CDBG) FUNDS, TO HABITAT FOR 12 HUMANITY IN OKAWOSA 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 0,. 1- 22 23 WHEREAS, Habitat for Humanity in Okaloosa County, Inc. has requested that the income housing; and 24 City convey to it a single family lot for development oflow/moderate 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, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 31 CITY OF FORT WALTON BEACH,FLORIDA,THAT: 32 33 SECTION 1. The City will contract with Habitat for Humanity in Okaloosa County, and 34 Inc. for the transfer of the following described real property under the tenns, purposes 35 conditions stated in the Property Disposition Agreement, attached hereto as Attaclunent " ft{'. 36 37 Lot 19, 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 of this resolution. 4S  o o 46 SECTION 3. The City Manager shall be authorized to execute the Property 47 Disposition Agreement ( Attachment " P{j on beha1fofthe 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 to execute and deliver such deeds and other documents as are necessary to close the transfer. 51 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 Mayor 63 64 Attest: 65 66 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  J o ATTACHMENT A CITY OF FORT WALTON BEACH PROPERTY DISPOSITION 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 HABITAT FOR HUMANITY IN OKALOOSA COUNTY, INC., a Florida not-for-profit corporation, hereinafter HABITAT.'' WHEREAS, the City has applied for and received funds trom 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 families; and property for the provision of affordable housing for low/moderate income 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 moderate income property for the purpose of constructing a single family home for a low/ family. WHEREAS, the conveyance of this property to Habitat for such purpose will further address HUD' s National Objective to provide pennanent 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. i,~ 1  c o SECTION 2. Lot. The single family lot of real property which is subject to this agreement is described as Lot 19, 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.