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AG 1994 12 19
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AG 1994 12 19
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Last modified
3/25/2002 4:34:33 PM
Creation date
11/27/2017 11:59:24 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
12/19/1994
Board
Board of Commissioners
Meeting Type
Regular
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Form HUD-51971-1, Offer of Sale of Real Property <br />Form HUD-51971-11, Purchase Agreement <br /> <br />Purpose: A Public Housing Agency (PHA) is responsible for <br />selecting a site or property for its proposed public housing project <br />under the conventional and acquisition methods. As stated in the <br />form HUD-51971-I, Offer of Sale of Real Property (Offer of <br />Sale), the offer is voluntary and the PHA will not use its power of <br />eminent domain to acquire lhe property if the seller and the PHA <br />are unable to reach an amicable agreement on the purchase price. <br />Paragraph 1 of the Purchase Agreement indicates the amount <br />HUD believes is the fair market value of the property. As a <br />consequence of these disclosures, the purchase is not subject to any <br />of the policies of Title III (Uniform Real Property Policy) of the <br />Uniform Relocation Assistance and Real Property Acquisition <br />Policies Act of 1970, as amended (URA) and the seller is .not <br />eligible for relocation assistance. Renter-occupants of the prop- <br />erty are, however, eligible for relocation assistance under Title II <br />(Uniform Relocation Assistance) of the URA. All documentation <br />evidencing the voluntary nature o fthe wausactlon, e.g., invitation, <br />newspaper and other hstings, etc., must be retained by the PI-IA. <br />The form HUD-51971 -I1, Purchase Agreement, is to be u seal by the <br />PHA to indicate the mount which the PHA is authorized to pay <br />to purchase the site or property and to identify any studies or tests <br />required to determine if the site or property meets HUD require- <br />ments. <br /> <br />Prepared By: The form HUD-51971-I, Offer of Sale, is com- <br />pleted by a prospec dve seller. The form I-ITJD-51971 -II, Purchase <br />Agreement, is prepared by the PI-IA and executed by both the PHA <br />and the seller. Adaptations required by state or local law may be <br />made to forms HUD-51971-1 and HUD-51971-1I with the ap- <br />proval of the HUD Office Counsel. <br /> <br />3. Number: At least three executed copies of the form HUD-51971- <br /> I, Offer of Sale. and form HUD-51971-II, Purchase Agreement. <br /> <br />Distribution: As an attachment to ils PHA proposal, a PHA shall <br />submit one c epy of the form HUD-51971-I to the HUD Office for <br />each site or property comprising a public housing project to be <br />developed under the conventional or the ac quisition methods. One <br />copy of the forms HUD-51971-I and 51971-II shall be an attach- <br />ment to the PHA's submission of the site acquisition documents. <br />tf there are renter occupants on the site, and if delays in closing <br />beyond 30 days of PI-IA execution of the Purchase Agreement are <br />anticipated (due to zoning changes, site studies, HUD Office <br />approvals, etc.), the PHA should submit, with its PHA Proposal, <br />a request for HUD Office approval of an appropriate specified <br />extension of dine for providing the required relocation notices. <br /> <br />Bo <br /> <br />PHA Instructions Concerning Preparation: <br /> <br />A. Form HUD-51971-I, Offer of Sale of Real Property <br /> <br />Paragraph 1. In the first space state the dollar amount of the <br />consideration. In the second space state the legal name of the <br />PHA. In the third space state the seller's asking price for the <br />property described in paragraph 2. <br /> <br />Paragraph 2. In the fkst space identify the city or town and county <br />or equivalent political subdivision in which the property is" <br />located. In the second space identify the State (or equivalent) in <br />which the property is located. Describe the property in the large <br />space, beginning with the street address or other specific loca- ,, <br />tion. Also in this space identify any exceptions to the offer and <br />list any renter occupants by name, address, and number of <br />persons in the household. Use a continuation page if required. <br /> <br />Paragraph 3. Insert a time period of at least 90 days taking into" <br />consideration time necessary for any anticipated special require- <br />ments such as site studies or zoning changes. <br /> <br />Signature Area. The seller's signature and typed name, date and '- <br />address should be included in this area with the signatures of two <br />wimesses who have seen the seller sign. Space is also provided <br />for notarization or acknowledgement if required by local law. <br /> <br />Form HUD-51971-H, Purchase Agreement <br /> <br />Paragraph 1. In the f~rst space state the legal name of the PHA. <br />In the second space state the name of the seller. In the third space <br />state the date the seller signed the Offer of Sale (form HUD- <br />51971-I) and attach a copy of the Offer of Sale to the Purchase <br />Agreement. In the fourth space insert the amount authorized by <br />the HUD Office as the purchase price. In the fifth space ind/cate <br />the amount determined to be the fair market value of the property <br />by HUD. If the proposed sale price in paragraph 1 of the Offer of <br />Sale of Real Property (HUD-51971-I) is less than the HUD <br />determined fair market value, the seller may withdraw the Offer <br />of Sale and return the option price to the PHA. <br /> <br />Paragraph 4. In the space provided identify any studies or tests <br />required to be completed prior to closing to make the determina- <br />tion that the property meets HUD requirements. <br /> <br />Paragraph 7. The second provision, that the seller pay any out- <br />standing assessments, is based on the assumption that the value <br />of any improvements for which the assessment is made has been <br />included in the HUD-approved purchase price of the property. <br /> <br />Signature Area. The first signature is that of the authorized PHA <br />official and signifies the PHA's acceptance of the seller's offer, with <br />or without changes in the price and with or without the specified <br />studies or tests. The second signature is that of the seller and <br />con.firms that there is an agreement. Both signatures attest to the <br />certification immediately preceding the signatm'e area. The <br />signatures of two wimesses are required for each party to the <br />agreement and spaces are provided for any locally required <br />notarization or acknowledgemevt. <br /> <br /> '* U.5, C.P.O.:1993-5~2-562:80026formHUD-51971(Z~93) <br />Paee 2 of 2 <br /> <br /> <br />
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