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