1939 CDBG Housing Rehab Willie Mae Anderson also in CDBG ContractsAT�FORD
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CITY OFSkNFORD
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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
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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.
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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
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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
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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
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(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
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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.
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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
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(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
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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.
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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
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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
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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
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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