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

71 the foregoing has been reviewed 72 and approved by the City 73 Attorney 74 75 76 77 CITY ATTORNEY 78  wi o 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 , OR HUMANITY IN municipality, hereinafter the " CITY" and HABITAT F 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 property for the provision of affordable housing for low/ moderate income families; and 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 property for the purpose of constructing a single family home for a low/moderate income family. WHEREAS, the conveyance of this property to Habitat for such purpose will further address IRJD' 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 SECTION 2. Lot. The single family lot ofrea1 property which is subject to this agreement is described as Lot 20, 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. limited to, title Buyer shall be responsible for all closing costs, including, but not insurance, abstracting fees, recording fees, and documentary stamps. SECTION 5. Closing Date. This transaction shall be Closing shall be held at the office of the Buyer' s attorney. 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 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 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 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  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 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 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. 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 from time to time. SECTION 14. Construction. The Parties acknowledge that each party has actively participated in the drafting of this Agreement, and the language contained herein shall not be construed against either party as the drafter thereof. 4  I o SECTION 15. Entire Agreement r 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 tenn.s 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 performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term, condition or election, but the same shall continue and remain in full force and effect. SECTION 16. Survival of Covenants The covenants, tenns, and provisions of this agre met;lt 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. Attorney Fees. Each party shall be responsible for their own attorney fees and costs. 5  IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed 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 WITNESSES HABITAT FOR HUMANITY IN OKALOOSA COUNTY Print Name: Print Name Its: Date: Print Name: 1><;-,,~ 6  o CITY COUNCIL MEETING November 11, 2002 Resolution to Amend the FY 2001- 2002 Budget Agenda Item No.- 18  o City of Fort Walton Beach Memorandum To: Reid Si1verboard, City Manager From: Joyce Shanahan, Finance Director Date: November 4, 2002 Subject: FY 2001- 02 Budget Amendment ( CMI- 2001) BACKGROUND Ordinance No. 1453, authorizing the Budget for fiscal year 2001- 2002, was adopted by City Council on September 26, 2001. This ordinance provided for amendments to the Budget by resolution requiring the identification of expenditures and a corresponding revenue source. DISCUSSION The City participated with the Florida Communities Trust and The Trust for Public Lands to The City' s financial purchase the Sound Property as a passive waterfront recreational area. obligation was $ 15, 106, with the Florida Communities Trust providing the remaining funds and purchased the totaling $ 1, 081, 062 to purchase the property. The State negotiated the price property and turned it over to the City. Due to a tec1mica1 requirement the Budget needs to be amended by the total grant amount of $1, 096, 078 with $ 1, 081, 062 from grant revenue sources, and $ 15, 016 being appropriated from fund balance to reflect the City' s matching portion of the 14, 571, 126, with this amendment grant. The FY 2001- 2002 General Fund amended Budget is $ the FY 2001- 02 General Fund budget will be $ 15, 667, 204.