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

SECTION 3. Consideration. Consideration for this agreement is the covenants and promises made by Habitat contained herein. SECTION 4. Cost of Closing. title Buyer shall be responsible for all closing costs, including, but not limited to, insurance, abstracting fees, recording fees, and documentary stamps. SECTION 5. 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 the intent to applicant selection process shall be structured and remain so as to fulfill I....... serve qualified individuals and families. 2  o 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 of Department of Community Development Services for approval prior to the issuance building permits. The fees for the building permits shall be waived. C. The construction of all structures shall be in conformance with all feder~ 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  I o 5) certified copy of the Mortgage and Security Agreement 6) copy of fully executed closing statement; 7) copy of income verification form. 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 nationa1legal 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 in Agreement shall bind and inure to the benefit of the parties and their successors interest. Whenever the content permits, singular shall include plural and one gender shall include all. SECTION 12. Severability If any provision 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. and Nothing contained herein is intended nor shall be construed to waive City' s rights immunities under the common law, Florida Constitution or Section 768.28, Florida Statutes, as amended ITom 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. I~ 4  o SECTION 15. Entire Agreement This Agreement contains the entire understanding of the parties relating to the subject matter hereof, superseding all prior communications between the parties, whether oral or written. This Agreement may not be altered, amended, modified or otherwise changed nor may any of the tenns hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict as a waiver performance of any of the covenants of this Agreement shall not be construed the same or relinquishment for the future of any covenant, term, condition or election, but 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. This Agreement shall become effective upon the date of execution by the City or Habitat, whichever is later. SECTION 18. AttomeyFees. Each party shall be responsible for their own attorney fees and costs. 5  c 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: Helen Spencer, City Clerk Date HABITAT FOR HUMANITY IN WITNESSES OKALOOSA COUNTY Print Name: Print Name Its: Date: Print Name: 6  o CITY COUNCIL MEETING November 11, 2002 Resolution to Transfer Property to Habitat for Humanity Agenda Item No.- 17  1*'. V o 1 2 RESOLUTION NO. 3 4 5 A RESOLUTION OF THE CITY OF FORT WALTON FLORIDA, AUTHORIZING THE 6 BEACH, 7 DISPOSmON OF REAL PROPERTY LEGALLY 8 DESCRIBED AS WT 20, BLOCK 8, OAK RIDGE 9 ADDmON TO FORT WALTON, WHICH WAS 10 ACQUIRED WITH COMMUNITY DEVELOPMENT 11 BLOCK GRANT ( CDBG) FUNDS, TO HABITAT FOR HUMANITY IN OKALOOSA COUNTY, INC., 12 13 AUfHORlZING AND DIRECTING CLOSING 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 Humanity in Okaloosa County, Inc. has requested that the 24 to it a single family lot for development oflow/moderate income housing; and City convey 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, 34 Inc. for the transfer of the following descn'bed real property under the tenns, purposes and 35 conditions stated in the Property Disposition Agreement, attached hereto as Attachment " N'. 36 37 Lot 20, 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 shaI1 not be construed as granting or assuring or 42 indicating any future approvals of any building permits, variance, land use or other or rights with respect to any of the property which is the 43 development approvals, pem1issions, 44 subject of this resolution. 45  c o 46 SECTION 3. The City Manager shall be authorized to execute the Property on behalf of the City. 47 Disposition Agreement ( Attachment " Pt') 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 57 regular meeting assembled this_ day of . 2002. 58 59 60 61 62 Mayoc 63 64 Attest: 65 66 67 68 City Clerk 69 70 The form and legal sufficiency of