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Home My WebLink About2615 4th Amendment to contract for sale of Real Estate - Sanford HousingAMENDMENT TO CONTRACT FOR SALE OF REAL ESTATE lS THIS AMENDMENT to the Sanford Housing Authority/City of Sanford Contract for Sale of Real Estate ("Amendment") is made effective as of July _, 2025, by and between the HOUSING AUTHORITY OF THE CITY OF SANFORD, FLORIDA, a public body corporate and politic established pursuant to Chapter 421 of the Florida Statutes ("Seller"), and the CITY OF SANFORD, FLORIDA, a municipal corporation ("Buyer") (Seller and Buyer are hereinafter jointly referred to as the "Parties" and individually as a "Party"). BACKGROUND The Parties entered into that certain Contract for Sale of Real Estate with an effective date of July 10, 2023 (the "Agreement"). The Parties entered into a First Amendment to Contract for Sale of Real Estate effective on or about February 26, 2024. The Parties entered into a Second Amendment to Contract for Sale of Real estate effective on or about August 26, 2024, The Parties entered into a Third Amendment to Contract for Sale of Real Estate effective on or about January 13, 2025. The Parties desire to further amend the Amendment in respect of the foregoing as more particularly set forth below. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: 1. Recitals/Defined Terms. The above stated recitals are true and correct and are incorporated herein by this reference in their entirety. Capitalized terms which are not defined in this Amendment shall have the same meaning as defined in the Agreement. 2. Construction: Effect of Amendment. This Amendment shall be deemed a part of and shall take precedence over and supersede any provisions to the contrary contained in, the Agreement. Except as expressly modified by this Amendment, all of the provisions of the Agreement that are not in conflict with the terms of this Amendment shall remain in full force and effect. All references to "Agreement" in the Agreement and in this Amendment shall be deemed to refer to the Agreement as amended by this Amendment. 3. Extension of Time to Closing. The Closing Date is hereby extended and shall be on or before January 9, 2026. 4. Conflict. In the event of any conflict between the terms of the Agreement and the terms of this Amendment, the terms of this Amendment shall control. Except as amended and modified herein, the remaining terms and provisions of the Agreement shall remain in full force and effect as originally set forth therein. 5. Counteruarts and Facsimile Signatures. This Amendment may be executed in multiple counterparts, each of which shall be deemed an original but all of which, together, shall constitute one instrument. For the purposes of this Amendment, signatures delivered by facsimile transmission or by e- mail delivery of a ".pdf' format data file, shall be given the same legal force and effect as original 11' i signatures. 6. Ratification: Good Standing. The remaining terms and provisions of the Agreement are ratified and confirmed by Seller and Buyer and are incorporated in this Amendment by reference as if set forth fully herein. Both parties are in good standing as to the performance of the Agreement. IN WITNESS WHEREOF, each of the parties hereto and in the capacity indicated below has executed this Amendment as of the day and year first above written. BUYER: Attest: CITY OF SANFORD, a municipfcorporation By: Traci Houchin, MMC, FCRM Art Woodruff, Mayor City Clerk -'e , • 'Dater July . (' 2025 Approved as to form and legal sufficiency. �I Attorney SELLER: HOUSING AUTHORITY OF THE CITY OF SANFORD, FLORIDA, a public body corporate and politic established pursuant to Chapter 421 of the Florida Statutes By: �/v Vivian Bryant, President, CEO Date: July a // , 2025 21 signatures. 6. Ratification: Good Standing. The remaining terms and provisions of the Agreement are ratified and confirmed by Seller and Buyer and are incorporated in this Amendment by reference as if set forth fully herein. Both parties are in good standing as to the performance of the Agreement. IN WITNESS WHEREOF, each of the parties hereto and in the capacity indicated below has executed this Amendment as of the day and year first above written. BUYER: Attest: CITY OF SANFORD a rp'unici corporation Traci Houchin, MMC, FCRM ;Art Woodruff, Mayor City Clerk 1•�,;A `ba? ti:-Ju1y�/L) 2025 Approved as to form and legal : + :4;'z- `� t sufficiency. V p 7;7-,- ; y 4 Attorney SELLER: HOUSING AUTHORITY OF THE CITY OF SANFORD, FLORIDA, a public body corporate and politic established pursuant to Chapter 421 of the Florida Statutes By: Vivian Bryant, President, CEO Date: July , 2025 21, CITY OF 'I ; SkNFORD WS _ RM /x FLORIDA T� XT_� CITY COMMISSION MEMORANDUM 25.155 JUNE 23, 2025, AGENDA TO: Honorable Mayor and Members of the City Commission PREPARED BY: Craig M. Radzak, Assistant City lea Ndf SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA -CM, City Manager SUBJECT: Fourth Amendment to Contract for Sale of Real Estate; Sanford Housing Authority Sale of William Clark Court to The City. STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Requesting to approve the Fourth amendment to the Contract for Sale of Real Estate between the City of Sanford and the Sanford Housing Authority (SHA) for the properties known as William Clark Court which Fourth Amendment was processed to execution based on the prior direction and commitments of the City Commission. FISCAL/STAFFING STATEMENT: There is no additional fiscal impact associated with the approval of the amendment. All prior approved financial matters remain in effect. The City has, of course, expended a great deal of City Commission time, City staff time, and worked diligently with the SHA to bring this matter to fruition and address the stated goal of the City Commission relating to this matter. BACKGROUND: In May, 2023, the City Commission approved the Contract for Sale of Real Estate for the properties owned by the Sanford Housing Authority also known as the William Clark Court properties. As part of the closing requirement, the United States Department Housing and Urban Development (HUD) required an environmental survey, Form 58, which has been completed and submitted to HUD. Also required along with the environmental assessment was the notifications to several tribunals with established response periods. There were no responses on the tribunals on sacred sites, burials, or significant cultural resources located on the properties. A Finding of No Significant Impact (FONSI) was published and reviewed, and now funds are ready to be requested from HUD. Also required along with the above, were additional letters of support from the community, non- profit organizations, and governmental agencies, and an updated appraisal of the properties, which has been completed and submitted to HUD. The requirements took an extensive period of time and resources, which delayed the expected initial closing date of February 9, 2024 as stated in the originally approved Contract for Sale for Real Estate. Thus, a First Amendment was approved by the City Commission at its February 26, 2023 meeting which allowed for an extension until August 9, 2024. Also, the additional letters of support (many were received) and the completion of a HUD -required updated appraisal took additional time and the City and the SHA, as a result, entered into a Second Amendment to Contract for Sale of Real Estate effective in August, 2024. which extended the closing date until January 9, 2025. Accordingly, City staff processed the extension to avoid any potential termination of the Contract. A Third Amendment to the Contract was approved by the City Commission at the January 13, 2025 meeting extending the Contract closing date until July 9, 2025. Work and follow- up with the Sanford Housing Authority continues to be accomplished by City staff in order to attain the desired end for this project which will serve the citizens of the City and, in particular, provide the youth of the City with a venue for an abundant array of recreational activities. The SHA continues to work with HUD to implement an administratively sound and correct transfer of the real property to the City. LEGAL REVIEW: The City Attorney has reviewed this agenda item and prepared the amendment and has no legal objection. REGOMMENDATION: City staff recommends that the City Commission ratify the approval of the Fourth Amendment to the Contract for Sale of Real Estate with the Sanford Housing Authority. SUGGESTED MOTION: "I move to ratify the Fourth Amendment to the Contract of Sale of Real Estate between the City and SHA, as proposed." Attachment: Fourth Amendment to Contract of Sale for Real Estate