HomeMy Public PortalAboutAffordable Housing Dev Agreement_Gregg Chapel AME ChurchAFFORDABLE HOUSING DEVELOPMENT AGREEMENT
AND LEASE WITH PURCHASE OPTION
THIS AGREEMENT (the "Agreement") is made and entered into this► day of
February, 2024, by and between the City of Crestview, Florida (the "City"), whose mailing address
is 198 North Wilson Street, Crestview, Florida 32536, and Gregg Chapel African Methodist
Episcopal Church, Inc. (the "Developer") whose mailing address is 34 Carson Drive SE, Fort
Walton Beach, Florida 32548.
WITNESSETH:
WHEREAS, the City is the owner of certain property located in the City of
Crestview consisting of approximately 1.35 acres +/- located between West Bowers Avenue
and West Field Avenue, more particularly described on Exhibit "A" attached hereto (the
"Property"); and
WHEREAS, the Developer desires to develop the Property for construction of an
affordable housing project known as Vineyard Village, with the permitted uses identified in
paragraph 2 of this agreement (the "Proposed Development"); and
WHEREAS, the City received a grant from the State of Florida for certain work to be
performed on the Proposed Development; and
WHEREAS, Section 287.05805 of the Florida Statutes and the City's grant agreement
with the State of Florida requires that the City grant to the State a security interest in the real
property in the amount of funding provided by grant to the City, for a period of five years from the
date of completion of the improvements and the grant agreement further provides that the City
must maintain ownership of the real property where the Proposed Development is located for a
period of five years after termination of the grant agreement; and
WHEREAS, the parties desire to enter into this Agreement and to comply with
requirements of State law and the terms of the grant agreement, but at the same time document
their commitments to each other relating to the terms and conditions upon which the Property can
be developed and to reflect their mutual understandings, obligations and remedies, including the
lease of the Property to Developer and Developer's option to purchase the Property.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good
and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as
follows:
1. Recitations. The recitations set forth above are true and correct are incorporated
herein by this reference.
2. Permitted Use. The Property will be developed as a multi -family affordable
housing development.
3. City Obligations. To facilitate Developer in developing the property for the
permitted use, the City will do the following:
A. Lease the Property to Developer for $1.00 per year upon completion of the
following work by the City:
i. Provide clearing & grubbing for the site, site work, water & sewer taps
and construct building pads up to a total contribution of $1,500,000.00
for these items.
B. The City agrees to issue to the Developer, upon approval of plans pursuant to
the City's Land Development Code, all required building permits, approvals
or other required permits and Certificates of Occupancy for the construction,
use and occupancy of the Proposed Development, subject to Developer's
compliance with all applicable codes, ordinances and regulations, and this
Agreement.
C. The City Manager or his designee is appointed as the City's monitoring official
for this Agreement. The City's representatives shall monitor the activities
specified in such a manner to ensure that all requirements of this Agreement
are met.
D. In accordance with the City's Charter, Code of Ordinances and the terms of
this Agreement, the City Manager shall have the authority to revise and/or
modify the terms and conditions of this Agreement.
E. By this Agreement, the City additionally grants to Developer an irrevocable
purchase option that may be exercised for the sum of $1.00 by Developer as
follows:
i. No sooner than July 1, 2030, which date is five years and one day after
the Expiration Date set forth in the City's grant agreement with the State
of Florida, Department of Economic Opportunity, Developer may elect
to purchase the Property by notifying the City of its election to purchase.
Notwithstanding the foregoing, Developer may notify the City of its
election prior to July 1, 2030, but no conveyance of title shall occur until
on or after July 1, 2030. The purchase price for the Property shall be
$1.00, to be paid at closing of the transaction by Developer to the City.
ii. Any deed from the City to Developer shall be subject to the following
reversionary interest provisions to be included in the vesting deed:
(a) Rentals and occupancies in the Proposed Development shall
be limited to persons or families which have income that does not
exceed 80% of the median family income for the Crestview -Fort
Walton Beach-Destin, FL HUD Metro FMR Area as published by
the U.S. Department of Housing and Urban Development in each
year.
F. In the event Developer defaults on any loan secured by the Property, or on any
obligations under this Agreement after notice and opportunity to cure, the City
may repurchase the Property and the development for the remaining balance
due on the loan Developer obtains to develop the Property. This provision
applies to Developer defaults under any lease between the City and Developer
prior to Developer exercising a purchase option, and continues to apply as a
deed restriction after conveyance of title to Developer if Developer elects to
purchase the Property.
4. Developer Oblit=ations. Developer's obligations, in addition to those set forth in
other areas of this Agreement, is to:
A. Achieve substantial completion within two years of this Agreement, provided
that the two-year period shall not commence until the Developer receives
building permits for construction. The City Manager may, in the exercise of
reasonable judgment, extend the scheduled completion of the Proposed
Development in consideration of unforeseen delays or other circumstances
affecting completion.
B. Develop a minimum of 18 separately occupiable housing units to occupancy
by qualified tenants within the time requirements set forth in 4.A. above.
C. Comply with the provisions of Section 3 (e) (ii) (a) above, relating to rental
and occupancy limitations, unless this requirement is modified or waived by
the City.
5. Regulatory Reauirements. The development of the Property shall be in
accordance with the City's Land Development Code in effect at the time application is made for a
development order. Failure to fulfill any provision of this Agreement, or the conditions of any
development order or building permits issued for the Proposed Development, may result in non -
issuance of other regulatory approvals with respect to the Proposed Development until such time
as all conditions or this Agreement are complied with, and the City shall not be liable for any
direct, indirect and/or consequential damages claimed for such non -issuance.
6. Release or Modification. Any amendment to this Agreement shall not be
approved unless all parties subject to this Agreement agree to the amendment and such amendment
is incorporated into the Agreement. All amendments not requiring City Council approval shall be
subject to the final approval by the City Manager on behalf of the City.
7. Binding Effect. This Agreement shall be recorded in the Public Records of
Okaloosa County, Florida, and the provisions of this Agreement shall be binding upon the parties
hereto and their respective successors and assigns as a covenant running with and binding upon
the Property.
8. Breach of Agreement. In the event that the Developer has materially breached the
Agreement, the Developer shall commence to cure the breach within thirty (30) days of notice by
the City, unless this time is extended by the City Manager. If the Developer is unable or unwilling
to cure the breach and abide by the Agreement, the City shall exercise its right to take appropriate
legal action for the purpose of curing the breach and enforcing this agreement and Developer shall
pay the City's attorney's fees and costs in any such proceeding or appeal, including bankruptcy
proceedings. The City's failure to enforce any provision of this Agreement shall not be deemed a
waiver of such provision or modification of this Agreement. A waiver of any breach of a provision
of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be
construed to be a modification of the terms of this Agreement.
9. Hold Harmless. Developer agrees to and shall hold the City, its officers, agents,
employees, and representatives harmless from liability for damage or claims for damage for
personal injury including death and claims for property damage which may arise directly or
indirectly from the actions of the Developer, its contractors, subcontractors, agents, employees, or
other persons acting on its behalf relating to the construction and completion of the project.
Developer agrees to and shall defend the City and its officers, agents, employees, and
representatives from actions for damages caused or alleged to have been caused by reason of
Developer's actions in connection with the construction and completion of the project.
10. Force Maieure. In the event that Developer or the City is delayed or hindered in
or prevented from the performance required hereunder by reason of strikes, lockouts, labor
troubles, failure of power, riots, insurrection, war, acts of God, or other reason of like nature not
the fault of the party delayed in performing work or doing acts (hereinafter, "Permitted Delay" or
"Permitted Delays"), Developer or the City, as the case may be, shall be excused for the period of
time equivalent to the delay caused by such Permitted Delay. Notwithstanding the foregoing, any
extension of time for a Permitted Delay shall be conditioned upon Developer seeking an extension
of time by delivering written notice of such Permitted Delay to the City within ten (10) days of the
event causing the Permitted Delay, and the maximum period of time which Developer may delay
any act or performance of work due to a Permitted Delay shall be one hundred eighty (180) days.
11. Notices. Any notice, demand or other communication required or permitted under
the terms of this Agreement shall be in writing, made by electronic mail, Federal Express, Express
Mail or other similar overnight delivery services or certified or registered mail, return receipt
requested, and shall be deemed to be received by the addressee one (1) business day after sending,
if sent by electronic mail, Federal Express, Express Mail or other similar overnight delivery service
and three (3) business days after mailing if sent by certified or registered mail. Notices shall be
addressed as provided below:
If to the City: City of Crestview
Attn: City Manager
198 North Wilson Street
Crestview, Florida 32536
If to the Developer: Gregg Chapel African Methodist Episcopal Church, Inc.
Attn: Rev. Cecil B. Williams
34 Carson Drive SE
Fort Walton Beach, Florida 32548
12. Severabilitv. Invalidation of any provision of this Agreement shall not affect any
other provision of this Agreement, which shall remain in full force and effect.
parties.
13. Effective Date. This Agreement shall become effective upon execution by all
[SEE NEXT PAGE FOR EXECUTION]
DEVELOPER:
CITY OF CRESTVIEW:
ATTEST:
[aryan. , Clerk
�000000•••.�
CREsr•••`F '•..
•��� �p0R,4p4z •
0:
SE 1��
0 .%Z441*/*ZipliC7PS
w�
CITY OF CRESTVIEW, FLORIDA
.14(93 ;:rdo'
Whitten, Mayor
Dated:
GREGG CHAPEL AFRICAN METHODIST
EPISCOPAL CHURCH, INC.
By:
Name: Cecil B. dams
Its: Chief Executive Officer & Director
Dated: J 2 'v(zo21
EXHIBIT A
Legal Description
A PORTION OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK
3559, PAGES 3122-3123: OFFICIAL RECORD BOOK 1766, PAGE 983:
OFFICIAL RECORD BOOK 3639, PAGE 4475: OFFICIAL RECORD BOOK
3213, PAGE 1445: AND OFFICIAL RECORD BOOK 3588, PAGE 2597 OF
THE OFFICIAL RECORDS FOR OKALOOSA COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT AN IRON PIPE MARKING THE SOUTHWEST CORNER OF LOT
17, BLOCK 133 OF THE PLAT OF CRESTVIEW PER PLAT BOOK 1, PAGE
72, OKALOOSA COUNTY, FLORIDA, ALSO MARKING THE
INTERSECTION OF THE NORTHERLY RIGHT OF WAY LINE OF FIELD
AVENUE (60 FOOT RIGHT OF WAY) WITH THE NORTH RIGHT OF WAY
LINE OF WEST EDNEY AVENUE (60 FOOT RIGHT OF WAY); THENCE
N89°32'22"W ALONG SAID NORTH RIGHT OF WAY LINE OF WEST
EDNEY AVENUE 24.32 FEET TO AN IRON PIPE; THENCE DEPARTING
SAID RIGHT OF WAY LINE N07°15'05"W 155.77 FEET TO AN IRON PIPE
ON THE NORTH LINE OF SAID LOT 17; THENCE N53°11'48"E ALONG
SAID NORTH LINE 92.37 FEET TO AN IRON ROD (SSMC LB 2108)
MARKING THE SOUTHWEST CORNER OF LOT 6, SAID BLOCK 133;
THENCE N36°48'52"W ALONG THE WEST LINE OF SAID LOT 99.82 FEET
TO AN IRON ROD (SSMC LB 2108); THENCE DEPARTING SAID WEST
LINE N52°55'40"E 64.65 FEET TO AN IRON PIPE; THENCE N36°55'00'W
49.73 FEET TO AN IRON PIPE SET ON THE SOUTH RIGHT OF WAY LINE
OF WEST BOWERS AVENUE (60 FOOT RIGHT OF WAY); THENCE
N53°11'47"E ALONG SAID RIGHT OF WAY LINE 85.11 FEET TO AN IRON
ROD (SSMC LB 2108) MARKING THE NORTHEAST CORNER OF LOT 7 OF
SAID PLAT OF CRESTVIEW; THENCE DEPARTING SAID RIGHT OF WAY
LINE S36°56'22"E ALONG THE EAST LINE OF SAID LOT 7 AND LOT 14
OF SAID PLAT 299.63 FEET TO AN IRON ROD (PSM 4028) MARKING THE
SOUTHEAST CORNER OF SAID LOT 14 AND THE AFORESAID NORTH
RIGHT OF WAY LINE OF FIELD AVENUE; THENCE S53°03'38"W ALONG
SAID RIGHT OF WAY LINE 299.87 FEET TO THE POINT OF BEGINNING,
CONTAINING 1.42 ACRES, MORE OR LESS.