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1939 CDBG Housing Rehab Willie Mae Anderson also in CDBG ContractsAT�FORD C .� a CITY OFSkNFORD FLORIDA Fsr. is�� TRANSMITTAL MEMORANDUM To: City Clerk RE: Request for Services The item(s) noted below is/are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Final Plat (original mylars) ❑ Letter of Credit ❑ Maintenance Bond ❑ Ordinance ❑ Performance Bond ❑ Resolution Once completed, please: ❑ Return original ❑ Return copy Special Instructions: ❑ Mayor's signature ❑ Recording ❑ Rendering ® Safe keeping (Vault) Please retain for the CDBG Community Development File — City of Sanford/ Homeowner agreement for Housing Rehabilitation or Reconstruction within the City of Sanford funded Community Development Block Grant. Willie Mae Anderson 1419 S. Bell Street. Please advise if you have any questions regarding the above. Thank you! Andrew Thomas From Date \\SVCH-Omnicast\USERS\mcrayn\Templates\City Clerk Transmittal Memo.doc This Instrument Prepared By and Return To: Andrew Thomas Community Relations & Neighborhood Engagement Director Office of the City Manager 300 North Park Avenue, Sanford, Florida 32771 Tax Parcel Identification Number: 36-19-30-515-OK00-0590 CITY OF SANFORD/HOMEOWNER AGREEMENT FOR HOUSING REHABILITATION OR RECONSTRUCTION WITHIN THE CITY OF SANFORD FUNDED BY COMMUNITY DEVELOPMENT BLOCK GRANT THIS AGREEMENT is made and entered into this day of 2018, by and between Willie Mae Anderson, whose address is 1419 Som_ Bell Street, Sanford Florida 32771, (hereinafter referred to as "OWNER"), and CITY OF SANFORD, a political subdivision of the State of Florida, whose address is, 300 North Park Avenue, Sanford, Florida 32771 (hereinafter referred to as "CITY"). WITNESETH: WHEREAS, The City of Sanford is a body corporate and politic established under the Florida Constitution and the Laws of Florida, and is authorized to, among other things, accept and administer grants from State and Federal authorities to enhance the quality of life in city of Sanford; and WHEREAS, the City of Sanford (hereinafter referred to as "CITY") has made application, submitted a plan for receipt of Community Development Block Grant ("CDBG") Program funds and entered into a contract for receipt of funding from the United States Department of Housing and Urban Development ("HUD"), for use in the rehabilitation or reconstruction of residential property with the goal of expanding the supply of decent, safe, affordable housing for low-income persons, pursuant to Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, OWNER has submitted an application to the CITY for financial assistance to make necessary repairs to OWNER's principal residence which is currently not in compliance CDBG Rehabilitation/Reconstruction A g r e e m e n t Page 1 of 13 with the applicable housing code standards and Seminole County's Rehabilitation Standards; and WHEREAS, Section 163.01, Florida Statutes, known as the `Florida Interlocal Cooperation Act of 1969", authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and therebyto provide services and facilities that will harmonize geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, COUNTY entered into an Interlocal Agreement with CITY far the purpose of allowing COUNTY to administer all phases of CITY's CDBG program including planning, administration, reporting and activity delivery that pertain to, or are applicable to CITY as stated under the terms and conditions of CITY's Consolidated Plan; and WHEREAS, CITY, an entitlement jurisdiction, has been awarded CDBG funds from HUD, and receives an annual allocation to be used predominantly for activities to benefit low and moderate income individuals and households; and WHEREAS, CITY has adopted certain CDBG program goals, fully described in the 2015-20 City of Sanford Consolidated Plan, including, but not limited to, the provision of housing rehabilitation for owner -occupied housing units; and WHEREAS, COUNTY has evaluated OWNER's application for said financial assistance and finds that OWNER is income -qualified for such assistance and hereby evidences COUNTY's approval of the application; and WHEREAS, by recording this Agreement, the CITY evidences the COUNTY's and the CITY's approval of the provisions hereof. NOW, THEREFORE, the parties, in reliance upon the foregoing recitals and in considerationof the mutual promises and covenants setforth herein, agree as follows: Section 1. Recitals. The statements contained in the recitation of facts set forth above are true and correct and arehereby incorporated in and madepart ofthis Agreement. CDBG Rehabilitation/Reconstruction A g r e e m e n t Page 2of 13 Section 2. Purpose. The purpose of this Agreement is to set forth the mutual performance obligations and responsibilities ofCITY and OWNER in regard to CITY'suse of CDBG funds in the forth of a deferred -payment loan to OWNER's for rehabilitation or reconstruction of OWNER's principal residence, hereinafter, the 'Property". Section 3. Terms ofCDBGProgram Mortgage Funding Assistance. (a) CITY shall, subject to continued legal availability of CDBG program funds, provide OWNER with a zero percent (0%) amortized deferred payment loan in the amount of $148,815.00 in CDBG funds, hereinafter "the designated funds". The purpose of the loan is to provide funding sufficient for rehabilitation or reconstruction of the Property in accordance with Exhibit A (Scope of Services) and Exhibit B (Project Budget) hereto, hereinafter the 'Project". As a precondition to receiving such funding assistance, OWNER shall execute a mortgage conveying to CITY a mortgage interest in the Property, securing a promissory note payable to CITY in the amount of the designated Project hinds, hereinafter collectively the 'Mortgage". Forms of the Mortgage documents are attached as Exhibits C to this Agreement. (b) The Mortgage shall be forgiven by CITY provided that OWNER maintains the subject Property as his/her principal place of residence and comply with all of the other terms and conditions therein for a period of 30 years from the recording of the Mortgage documents (the "Affordability Period'). Said Mortgage documents shall be prepared by CITY, executed by OWNER and recorded in the Official Records of Seminole County. Section 4. Time for Completion. The Project services to be performed under this Agreement shall commence on or about May 1, 2018 and shall be completed on or about October 30, 2018, or as soon as practicable thereafter. Section 5. Property and Owner Eligibility. (a) The estimated value of the Property, after rehabilitation or reconstruction, must not exceed ninety-five percent (95%) of the median purchase price for the area as set forth in the HUD Purchase CDBG Rehabilitation/Reconstruction Agreement Page 3 of 13 Price/After-Rehabilitation Value Limits, a copy of which is attached as Exhibit D hereto. (b) OWNER's family must qualify as a low-income family at the time CDBG funds are committed to the Project. A low-income family has a household gross income from all sources that does not exceed eighty percent (80%) of the median family income within the Orlando/Sanford Metropolitan Statistical Area. OWNER hereby reaffirms that as of the date of this Agreement, his/her gross household income remains at or below the above stated limit. Section 6. Additional Funding Sources. OWNER must disclose any and all assistance received for performance of any portion of the scope described in Exhibit A of this Agreement, including, but not limited to, funds from any source, work of any kind, or relocation assistance. OWNER must list the provider and provide the type and amount any such assistance on a separate form as required by COUNTY. Section 7. Ownership of Property. OWNER represents and agrees that he/she has fee simple title to the Property benefitting from the financial assistance under this Agreement and agrees to occupy the Property as his/her principal residence for the affordability period described in the Mortgage and Note. The address and parcel identification number of the Property are as follows: Property Address: 1419 S Bell Street, Sanford, Florida 32771 Parcel Identification No.: 36-19-30-515-OK00 -0590 Section 8. Condition of Property. The Property is presently in violation of HUD's Minimum Property Standards, the Florida Building Code or other applicable codes and is in need of the repairs, improvements and alterations set forth and described in the attached Scope of Services (Exhibit A). The work, material and equipment installed shall meet the Florida Building Code, all other applicable codes, the Seminole County Rehabilitation Standards, attached hereto as Exhibit E. Section 9. Payments and Change Orders. COUNTY shall make all payments for CDBG Rehabilitation/Reconstruction A g r e e m e n t Page 4of 13 Project services directly to the selected contractor. No advance payments for labor, services or materials will be made. Disbursements will be made based on the progress of the j ob pursuant to the terms and conditions of a separate agreement between the contractor and COUNTY. OWNER shall have no authority to unilaterally alter or amend the Project Scope of Services described in Exhibit A hereto or any work performed by the contractor as authorized by COUNTY. No changes or alterations in the plans, specifications, exhibits, addenda and other drawings, or any part of the Project services or any changes to the Agreement between COUNTY and the selected contractor shall be valid or otherwise enforceable unless reduced to writing and signed by the contractor and signed and approved by COUNTY. Section 10. OWNER's Duties and Responsibilities. (a) If determined by CITY to be necessary due to the extent of the rehabilitation, OWNER shall be responsible for timely obtaining temporary living accommodations as may be necessary to allow the rehabilitation work to proceed. OWNER shall also be responsible for removing personal possessions from the areas where work will be performed and for keeping areas accessible so that the contractor can complete the work. COUNTY shall not be financially liable to OWNER for any personal injury or loss, damage or destruction of personal possessions arising from any instance or cause whatsoever as aresult of these requirements. (b) Before any repair work begins on the property, OWNER shall participate in a walk- through with a representative from the Seminole County Community Services Department. The purpose of this walk-through is to detennine, and for OWNER to sign off on: (1) the scope of work that will be done at the residence; (2) the contractor's work schedule at the residence; (3) the specifications, materials and methods that will be used in the CDBG repair; and (4) the removal of debris and surplus material from the property. CDBG Rehabilitation/Reconstruction A g r e e in e n t Page 5 of 13 (c) OWNER shall provide the contractor with access to the premises, including the use of power and water as needed to complete the repairs. Failure to allow the contractor access may result in termination of this Agreement and require repayment by the OWNER of any funds advanced to the contractor on the OWNER's behalf (d) OWNER shall cooperate with CITY to adlieve the goals and objectives set out in this Agreement. (e) The property must meet the applicable Seminole County Rehabilitation Standards, Ordinances and all applicable State and local codes including housing, zoning, fire and building codes, as amended, for the full term of the affordability period. Section It COUNTY'S Duties. (a) COUNTY's duties under this Agreement are limited to determining OWNER's income eligibility, determining that the property is eligible for CDBG assistance, selecting the contractor, approving the scope ofwork to beperformed, providing final approval of the completed work, and rendering direct payment to the contractor for the agreed upon repair. (b) COUNTY represents that as of the date of this Agreement it has available the designated CDBG funds to makepayment for the rehabilitation described in Exhibit A, and that it will maintain on hand such sum to pay for the agreed upon Project services to the Property. Such sure shall be paid directly to the contractor pursuant to a separate agreement between COUNTY and the selected contractor. (c) COUNTY shall not be responsible for any cost overruns in excess ofthe designated funds for any materials, services or work not expressly authorized and approved by COUNTY as set forth in Exhibits A and B hereto. (d) COUNTY shall cooperatewith OWNER to achieve the goals and objectives set forth in Exhibit A, hereto. Section 12. Right to Enter and Inspect. COUNTY reserves the right to enter or CDBG Rehabilitation/Reconstiuction A gr e e m e n t Page hof 13 visit OWNER'S Property at any reasonable time to inspect andverifythe contractor'sperfoimance ofthe services funded under this Agreement. Denials ofentry and inspection rights shall be abreadi of this Agreement and, at the sole detennination of COUNTY, could serve to disqualify the OWNER from obtaining any fielding assistance hereunder, termination of this Agreement, or initiationbyCITY of legal proceedings to seek recapture of any CDBG funds previously expended on behalf of OWNER. Section 13. The Property. Repairs funded hereunder may only be performed on OWNER's occupied, primary residence, which shall also be OWNER's declared homestead (the 'OWNER's Property"). Commercial, rental, or other types of investment real property are not eligible for assistance under this Agreement. Accordingly, the address and parcel identification number of the OWNER's Property benefitting from the financial assistance under this Agreement is as follows: Willie Mae Anderson 1419 South Bell Street Sanford, Florida32771 OWNER hereby represents to CITY that the aforesaid OWNER's Property is now and isintended to remain ashis/her/their primary residence and declared homestead. Section 14. Right to Enter and Inspect. COUNTY reserves the right to enter or visit OWNER's Property at any reasonable time to inspect and verify the contractor's performance ofthe services funded under this Agreement. Denials of entry and inspection rights shall be a breach of this Agreement and, at the sole detennination of C1TY,could serveto disqualify the OWNER from obtaining any funding assistance hereunder, termination of this Agreement, or initiation by City of legal proceedings to seek recapture of any CDBG funds previously expended on behalf of OWNER. CDBGRehabilitation/Reconstruction Agreement Page 7 of 13 Section 15. Term. The term of this Agreement shall commence upon execution of this Agreement by the parties and shall terminate upon completion ofthe affordability period. Section lb. OWNER's Indemnification and Release. (a) OWNER and occupants, individually and collectively, do hereby release and discharge COUNTY, its agents, officers and employees from any and all claims, demands, grievances and causes of action of every kind whatsoever including, but not by way of limitation, all liability forproperty damages and personal injury of every kind, nature, or description arising or which may arise hereafter from the CDBG funded rehabilitation /reconstruction being performed on the OWNER's Property. (b) OWNER and occupants further agree to indemnify and hold harmless CITY and COUNTY, its agents, officers and employees from any and all claims, demands, defalcation, dishonesty and causes of action of every kind and nature by third parties for damages to persons or property, costs, charges and expenses, including attorneys' fees, which may arise out of, by reason of, or in any manner grow out of the repair work that is the subject of this Agreement, fraud, defalcation, dishonesty, the activities of the contractor or its subcontractors, as well as OWNER's and occupants' own use or misuse of the OWNER's Property irrespective of intent or negligence whether actual, imputed, or claimed. This Section shall survive expiration of this Agreement. Section 17. Termination. (a) CITY may terminate this Agreement at its sole discretion if it determines that continued compliance with the terms hereof is no longer in the best interest of CITY. In such circumstances, CITY shall give OWNER at least fifteen (15) days" notice of such intent to tenminate. The notice shall be effective when placed in the United States mail, postage prepaid, by registered or certified mail, return receipt requested to the address set forth in Section 22 herein. CDBG Rehabilitation/Reconstruction Agreement Page 8 of 13 (b) OWNER shall be liable for recapture of funds spent by CITY on OWNER's behalf if any representation made by OWNER in the Agreement or applications for funding shall at any time be false or misleading in any respect, or if OWNER is found in non- compliance with laws, rules, or regulations governing the use of the funds provided pursuant to this Agreement. (c) This Agreement may be terminated by the written mutual consent of both parties. Section 18. Records. All contracts, correspondence, memoranda and other documents accumulated, acquired, prepared, orreceived by theparties hereto created by this Agreement shallbe maintained by COUNTY as public records to the extent required by law. This Section shall survive termination or expiration ofthis Agreement Section 19. No Third Parties Beneficiaries. This Agreement shall inure to the benefit of the parties to this Agreement and is for the exclusive benefit of said parties. This Agreement shall not be deemed to be made for the benefit of any other entity or person not so specified, including specifically, but not limited to the selected contractor. Section 20. Compliance with Federal, State, County and Local Laws. The parties shall comply with all Federal, State, County and local laws, regulations, ordinances and health and safety rules and regulations at all times. Section 21 Governing Law and Venue. (a) In the event of a dispute related to any provision of this Agreement, including performance or payment obligations, the parties agree to exhaust CITY dispute resolution procedures prior to filing suit or otherwise pursuing legal remedies. All claims by OWNER against COUNTY shall be submitted in writing to the Community Services Department Director for a decision. The decision of the Department Director shall be issued in writing, and shall be mailed to OWNER. The decision notice shall state the reasons for the decision reached, and shall inform OWNER of his/her appeal rights. The Department CDBGRehabilitation/Reconstruction Agreement Page 9 of 13 Director's decision shallbe final, unless OWNER files an appeal to the City Manager within ten (10) business days from the date of the receipt of the decision. The CityManager, orhis/her designee, shall have the authority to review the appeal and render a final decision within ten (10) business days from the date of receipt of the appeal. The City Manager's decision will be mailed to OWNER. (b) OWNER agrees that he/she will not file mit or otherwise pursue legal remedies based on facts or evidentiary materials that were not presented for consideration in the CITY's dispute resolution procedures set forth in subsection (a) above, of which OWNER had knowledge and failed to present during CITY dispute resolution procedures. (c) In the event that CITY's dispute resolution procedures are exhausted and a suit is filed, the parties shall exercise best efforts to resolve disputes through formal mediation before proceeding to trial. Mediator selection and the procedures to be employed in mediation shall be mutually acceptable to the parties. Costs of such mediation shall be shared equally among the parties participating in the mediation. (d) The venue for any lawsuit shall be the Circuit Court for the 180' Judicial Circuit in and for Seminole County as to State law causes of action and the United States District Court, Middle District ofFlorida, Orlando Division as to Federal causes ofacticn. Section 22. Amendments. This Agreement may be altered, amended, extended, modified and/or revised only by awritten instrument subsequently executed bythe parties to this Agreement. Section 23. Entire Agreement. This Agreement constitutes the complete, full and wholly independent agreement among the parties to this Agreement with regard to the matters contained herein. This Agreement also supersedes all prior representation, statements and understanding among the parties to this Agreement with respect to the matters and things addressed herein, either written or oral. CDBGRehabilitation/Reconstruction Agreement Page 10 of 13 Section 24. Severability. Should any section or part of any section of this Agreement be rendered void, invalid, or unenforceable by any court of law, for any reason, such a determination shall not render void, invalid, or unenforceable any other section or any part of any section of this Agreement. Section 25. Notification. (a) All notices, requests, demands, or other written communications hereunder shall be in writing and shall be deemed to have been served as of the delivery date appearing upon the return receipt if sent by certified mail, postage prepaid, with return receipt requested at the address listed below, or upon the actual date of delivery, if hand delivered, to the address below. Either party may change the below -listed address at which it receives written notices by so notifying the other party hereto in writing. For CITY: Norton N. Bonaparte City Manager City of Sanford Sanford, Florida 32771 For OWNER: Willie Mae Anderson 1419 S. Bell Street Sanford. Florida 32771 (b) The parties shall give the other party prompt notice of any material event or claim coming to its knowledge which directly or indirectly effects the other party. Section 26. Waiver. No act or omission or commission of either party, including without limitation, any failure to exercise any right, remedy, or recourse shall be deemed to be a waiver, release, or modification of the same. Sudi a waiver, release, or modification is to be effected only through a written modification to this Agreement. Section 27. Funding. The source of CITY funding for this Agreement shall be from the CDBGReliabilitation/Reconstruction Agreement Page 11 of 13 CDBG funds described in subsection 4(b) hereof. Anything else in this Agreement to the contrary notwithstanding, CITY shall not be obligated to pay for the repair work on behalf of OWNER as a result of any act of the executive, legislative, or judicial branches of the State or Federal governments that results in the loss of CDBG funding or in the express loss or prohibition of CITY's authorization to uses such funds for services through no fault ofthe CITY. Section 28. Headings. The paragraph headings are inserted herein for convenience and reference onlyand in no way define, limit, orotherwise the scope or intent ofanyprovisions hereof. Section 27. Counterparts. This Agreement may be executed in one or more counterparts, each of which may be executed by less than all of the parties to this Agreement, but all of which shall be construed together as a single instrument. Section 29. Assignment. This Agreement may not be assigned by either party without the consent of the other, which consent shall be at the sole discretion of the party whose consent is required. Section 30. Exhibits. Exhibits to this Agreement shall be deemed to be incorporated into this Agreement as if fully set forth verbatim into thebody ofthis Agreement. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the date first above written. J�A Iva Signature of Witness ib�n" )A —f,—CA-) Printed Name of Witness Sigrf@fiurcof W ittfess /,, Prin ed Name of Witness WILLIE MAE ANDERSON Willie Mae Anderson CDBGRebabilitation/Reconstruction Agreement Page 12 of 13 STATE OF FLORIDA ) CITY OF SEMINOLE ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared Willie Mae Anderson, and she acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily and she is personally known to me or provided_�k 2d2L as u identification. -- WITNESS my hand and official seal in the County and State last aforesaid this ;�:day 2018. (Affix Notary Seal) _� L _\/ETTP TORRES Y ISSION # FFIC9713 E;U'IRL-S: July 30, 2019 t CDBGRehabilitation/Reconstruction Agreement Page 13 of 13 EXHIBIT A CDBG Immediate Needs Rehabilitation Agreement Exhibit A EXHIBIT B CDBG Immediate Needs Rehabilitation Agreement Exhibit B EXHIBIT C FORM OF MORTGAGE AND PROMISSORY NOTE CDBG Immediate Needs Rehabilitation Agreement Exhibit C VALUESCDBG PURCHASE PRICE/AFTER REHABILITATION CDBG Immediate Needs Rehabilitation. Agreement Exhibit D EXHIBIT E SEMINOLE COUNTY CDBG PROGRAM REHABILITATION STANDARDS CDBG Immediate Needs Rehabilitation Agreement Exhibit E