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439-Geuka-Golden Rule Housing FIRST AMENDMENT TO DEVELOPMENT AGREEMENT WHEREAS, the City of Sanford (City) and Golden Rule Housing and Community Development Corporation (Developer) entered into a Development Agreement (Agreement) on January 13, 1992, copy attached as Exhibit "A"; and WHEREAS, the City and the Developer have determined that it is necessary to amend certain portions of the Agreement in order to accomplish the intent of the parties to provide affordable housing to persons in the community; 1) The Agreement is hereby ~mended as follows: A) Paragraph number 2 on page 2 - "The lots listed in exhibit one may be transferred from the city to the Developer at the time the ~ proposed end user owner occupant (user) qualifies for permanent financing of affordable housing having met the underwriting criteria of market lenders, providing the City's Community Development Office with a complete package as described in paragraph 3 of the Agreement, and receiving the approval of the City Manager. Transfer from the City to the Developer shall be by special warranty deed containing a reverter clause reverting the property to the City in the event construction has not been completed in accordance with the Agreement of the parties and the property conveyed by the Developer to the User within one year of the date of original conveyance by the City. Conveyance to the User will occur at the time a certificate of occupancy is issued by the City and the closing of the permanent loan. Upon conveyance to the User the City will release its right of reverter by quit claim deed. The parties may provide for implementation of this Agreement on a lot by lot basis by separate written Agreement between the City, Developer, User and Builder." B) Paragraph number 3(e) on page 2 - "complete package provided to lender for permanent loan financing." 2) All provisions of the Agreement not in conflict with these amendments are hereby ratified and confirmed. 3) This first amendment to development agreement shall take effect after execution by the Developer and the City. This development agreement shall take effect after execution by the Mayor and the city Commission of the City of Sanford. (1) DATED this ~,~,~day of June, 1992. GOLDEN RULE HOUSING AND COMMUNITY OI~W OF SANE DEVELOP T CORPORAT N · PASSED AND ~OPTED this ~2 ~y of ~W~S , A.D. 1992. ATTEST: ACCEPTED as to each and every term and condition thi~ 'day of  , A.D. 1992. (2) DEVELOPMENT AGREEMENT CITY OF SANFORD P.O. Box 1788 Sanford, Florida 32772-1788 1. Developer: Roland Ray (President) Golden Rule Housing and Community Development Corporation. 103 Winter Glen Dr. Sanford F1 32771 2. Authorized Agent: Amefika Geuka (Executive Director) Golden Rule Housing and Community Development Corporation. 103 Winter Glen Dr. Sanford F1 32771 3. Property Description: The property to be developed, for affordable housing, will consist of one (1) to six (6) buildable lots in and around the Goldsboro community, but not outside the city limits of the City of Sanford. The legal description of these lots, once identified, will be made a part of this agreement and attached hereto as exhibit 1. 4. Purpose: The lots identified in exhibit 1 may be made available to end user owner occupants, at loan closing, by the City for the purpose of providing for "affordable" housing. AGREE THEREFORE, it is hereby ORDERED AND RESOLVED by the Mayor and City Commission of the City of Sanford, Florida that the proposed development is approved subject to the following terms and conditions: 1. For the purposes of this agreement the definition of affordable housing will be, housing which is affordable to individuals/families whose income is 80% of the Orlando SMSA median or less, and said family can meet the underwriting criteria of market lenders. Page i of 4 2. The lots listed in exhibit 1 may be transferred, to the end user owner occupant, at construction/permanent loan closing. 3. Prior to the property listed in exhibit 1 being made available, the developer shall provide the City of Sanford Department of Engineering and Planning, and specifically the Community Development Office a complete package outlining the planned methodology of the project. This package shall provide for complete disclosure of all workings both financial and operational but at a minimum shall include the following: a. elevations, floor plans, site plan, & survey b. Sale price c. total itemized budget for each unit, including itemized cost plus a maximum of 10% mark up d. proof of builders risk insurance also if applicable proof of workers compensation insurance or appropriate State of Florida affidavit e. complete package provided to lender for cnn~tru~-=~ion/permanent loan financing 4. If building permits have not been obtained for fifty percentg!, ';'0f ~he'~Units proposed within~ix (6) months'fr0~the effective l~'date of this Agreement, thenthe Agreement shailekpire Uhless:? ~"~=~xtenae~by'~rior'approVal by the City.~ 5. Developer's mark-up will be limited to 10% of the physical improvements. 6. This Agreement does not waive, change, or amend any of the existing rules, regulations, or laws applicable to the design, construction, or marketing of this development. All requirements for the securing of permits, applicable fees, and associated requirements are not affected by this Agreement. If the developer wishes to apply for permit fee waiver or impact fee deferments under city ordinance ~3087 it must be done separately from this Agreement. ~"!!'be~m~'a'"~e]been obtainedthi~!!IAg~e~&n[~~i~e'U~e~'~ !]==~=eX~nded"By~iOrapprOval~b~=~'~'he"Cit~If!~lllots fordevelopment have not been fully developed and certificates of occupancy have not be issued within eighteen (18) eighteen months from the effective date of this Agreement this Agreement shall expire unless extended by prior approval by the City. Page 2 of 4 B. The City shall not be liable to any person, firm, or corporation who contracts with or who provides goods or services to Golden Rule Housing and Community Development Corporation (GRHCD) in connection with the services it has agreed to perform hereunder, or for debts or claims accruing to such parties against GRHCD. There is no contractual relationship, either express or implied, between the City and any other person, firm, or corporation supplying any work, labor, services, goods or materials to GRHCD as a result of its performance under this Agreement. 9. GRHCD shall defend, hold harmless, and indemnify the City from and against any and all liability, loss, claims, damages, costs, attorney's fees and expenses of whatever kind or nature which the City may sustain, suffer or incur or be required to pay by reason of the loss of any monies paid to GRHCD, resulting out of fraud, defalcation, dishonesty or failure of GRHCD to comply with this Agreement: or byreason or as result of any act or omission of GRHCD in the performance of this Agreement or any part thereof; or by reason of a judgment over and above the limits provided bythe insurance required; or by any defect in the construction of the project. In the event that any action, suit or proceeding is brought against the City upon any liability arising out of the Agreement hereinbefore mentioned, or any other matter indemnified against the City, the City at once shall give notice in writing thereof to GRHCD by registered or certified mail addressed to GRHCD at it address hereinbefore given. Upon the receiving of such notice, GRHCD, at its own expense, shall defend against such action and take all such steps as may be necessary or proper therein to prevent the obtaining of a judgment against the City. Page 3 of 4 71 Time of Effectiveness This development agreement shall take effect after execution by the Mayor and the City Commission of the City Sanford. DEVELOPER: Signatu~/~ NOtary Public, State of Florida PASSED AND ADOPTED this/~TdaY of~._~ , A.D. 199~__ A , C~'t';~ CL~RK CCEPTED 'as to each and every term and condition this/~ day of l~ , A.D. 199~. C: ~GDA Page 4 of 4 DEVELOPMENT AGREEMENT CITY OF SANFORD P.O. Box 1788 Sanford, Florida 32772-1788 1. Developer: Roland Ray (President) Golden Rule Housing and Community Development Corporation. 103 Winter Glen Dr. Sanford F1 32771 5. Authorized Agent: Amefika Geuka (Executive Director) Golden Rule Housing and Community Development Corporation. 103 Winter Glen Dr. Sanford F1 32771 3. Property Description: The property to be developed, for affordable housing, will consist of one (1) to six (6) buildable lots in and around the Goldsboro community, but not outside the city limits of the City of Sanford. The legal description of these lots, once identified, will be made a part of this agreement and attached hereto as exhibit 1. 4. Purpose: The lots identified in exhibit 1 may be made available to end user owner occupants, at loan closing, by the City for the purpose of providing for "affordable" housing. AGREEMENT THEREFORE, it is hereby ORDERED AND RESOLVED by the Mayor and City Commission of the City of Sanford, Florida that the proposed development is approved subject to the following terms and conditions: 1. For the purposes of this agreement the definition of affordable housing will be, housing which is affordable to individuals/families whose income is 80% of the Orlando SMSA median or less, and said family can meet the underwriting criteria of market lenders. Page 1 of 4 The lots listed in exhibit 1 may be transferred, to the end user owner occupant, at construction/permanent loan closing. 3. Prior to the property listed in exhibit 1 being made available, the developer shall provide the City of Sanford Department of Engineering and Planning, and specifically the Community Development Office a complete package outlining the planned methodology of the project. This package shall provide for complete disclosure of all workings both financial and operational but at a minimum shall include the following: a. elevations, floor plans, site plan, & survey b. Sale price c. total itemized budget for each unit, including itemized cost plus a maximum of 10% mark up d. proof of builders risk insurance also if applicable proof of workers compensation insurance or appropriate State of Florida affidavit e. complete package provided to lender for construction/permanent loan financing 4. If building permits have not been obtained for fifty percent of the units proposed within six (6) months from the effective date of this Agreement, then the Agreement shall expire unless extended byprior approval by the City. 5. Developer's mark-up will be limited to 10% of the physical improvements. 6. This Agreement does not waive, change, or amend any of the existing rules, regulations, or laws applicable to the design, construction, or marketing of this development. All requirements for the securing of permits, applicable fees, and associatled requirements are not affected by this Agreement. If the developer wishes to apply for permit fee waiver or impact fee deferments under city ordinance ~3087 it must be done separately from this Agreement. 7. If no construction has taken place one (1) year after building permits have been obtained this Agreement shall expire unless extended by prior approval by the City. If all lots proposed for development have not been fully developed and certificates of occupancy have not be issued within eighteen (18) eighteen months from the effective date of this Agreement this Agreement shall expire unless extended by prior approval by the City. Page 2 of 4 B. The City shall not be liable to any person, firm, or corporation who contracts with or who provides goods or services to Golden Rule Housing and Community Development Corporation (GRHCD) in connection with the services it has agreed to perform hereunder, or for debts or claims accruing to such parties against GRHCD. There is no contractual relationship, either express or implied, between the City and any other person, firm, or corporation supplying any work, labor, services, goods or materials to GP. HCD as a result of its performance under this Agreement. 9. GRHCD shall defend, hold harmless, and indemnify the City from and against any and all liability, loss, claims, damages, costs, attorney's fees and expenses of whatever kind or nature which the City may sustain, suffer or incur or be required to pay by reason of the loss of any monies paid to GRHCD, resulting out of fraud, defalcation, dishonesty or failure of GRHCD to comply with this Agreement:or by reason or as result of any act or omission of GRHCD in the performance of this Agreement or any part thereof; or by reason of a judgment over and above the limits provided bythe insurance required; or by any defect in the construction of the project. In the event that any action, suit or proceeding is brought against the City upon any liability arising out of the Agreement hereinbefore mentioned, or any other matter indemnified against the City, the City at once shall give notice in writing thereof to GRHCDby registered or certified mail addressed to GRHCD at it address hereinbefore given. Upon the receiving of such notice, GRHCD, at its own expense, shall defend against such action and take all such steps as may be necessary or proper therein to prevent the obtaining of a judgment against the City. Page 3 of 4 7, Time of Effectiveness This development agreement shall take effect after execution by the Mayor and the City Commission of the City Sanford. DATED this/~ day of DEVELOPER: '~ ~ ':~ . be~ore }~0tary public· State of Florida MY COMStON EXPIRES NOVEMSER ~v BONDED THRU ASH~ON AGENCy ~ PASSED AND ADOPTED this/~day o~.~.~, , A.D. 199o~ MAyO~~ ATTEST: 'as to each and every term and condition this day of · A.D. 199~. C: ADGDA Page 4 of 4