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HomeMy WebLinkAbout24. 21-50JANUARY 26, 2021 21-50 RESOLUTION (CARRIED_______LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE LAND DISPOSITION OF VACANT PROPERTY 600 BLOCK OF GROVE STREET BETWEEN CLEVELAND AVENUE AND PARKWAY AVENUE; APPROVE DEVELOPMENT AGREEMENT WITH HABITAT FOR HUMANITY OF OSHKOSH INITIATED BY: COMMUNITY DEVELOPMENT DEPARTMENT PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, the City's Strategic Plan and Comprehensive Plan identifies the need to strengthen neighborhoods through public and private funding incentives to provide affordable housing within the community; and WHEREAS, Habitat for Humanity of Oshkosh, Inc., and the City of Oshkosh propose to collaborate on construction of up to six single family affordable homes on the east side of Grove Street between Cleveland Avenue and Parkway Avenue that will then be sold to income qualified low to moderate income property owners; and WHEREAS, it is proposed to sell said Grove Street property to Habitat for $15,000 per lot, based on future certified survey maps to be prepared creating a maximum of six lots, to facilitate development of said project. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to enter into a Developer Agreement with Habitat for Humanity of Oshkosh, Inc. for construction of up to six single family affordable houses on the east side of Grove Street between Cleveland Avenue and Parkway Avenue, in substantially the same terms as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and to carry out all actions necessary to implement the City's obligations under the Developer Agreement. BE IT FURTHER RESOLVED that the Common Council of the City of Oshkosh hereby approves of the land disposition of said lot on the east side of Grove Street JANUARY 26, 2021 21-50 RESOLUTION CONT’D between Cleveland Avenue and Parkway Avenue to Habitat for Humanity of Oshkosh, Inc. in the amount of $15,000 per lot, based on future certified survey maps creating a maximum of six lots, and the proper City officials are hereby authorized and directed to execute any and all documents necessary for purposes of same. ITEM: LAND DISPOSITION OF VACANT PROPERTY, 600 BLOCK GROVE STREET BETWEEN CLEVELAND AVENUE AND PARKWAY AVENUE GENERAL INFORMATION Petitioner: City Administration & Habitat for Humanity Owner: City of Oshkosh Action Requested: Land disposition of an approximate 39,500 square foot parcel of vacant land on the east side of Grove Street, between Cleveland Avenue and Parkway Avenue. Applicable Ordinance Provisions: None Property Location and Type: The subject property is the former site of the Mercy Medical Center and Hospital. TIF 14 was created in August 2002 on the site to promote the development of a mixed use commercial/ residential development. Most of the development has occurred on the site, but the frontage along Grove Street was never undertaken. The City acquired the property from Winnebago County a few years ago for non-payment of taxes. Subject Site Existing Land Use Zoning Vacant TR-10 PD Adjacent Land Use and Zoning Existing Uses Zoning North Residential SR-9 South Residential DR-6 PD East Mixed use commercial/residential UMU PD West Residential SR-9 Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation Residential ANALYSIS Oshkosh Habitat for Humanity approached the City regarding acquiring the lot for construction of affordable single family homes. Staff believes the development will continue to address the community’s need for affordable housing while furthering neighborhood revitalization efforts in Oshkosh. Staff believes this project proposal will provide many benefits including: create additional affordable housing opportunities through home ownership, assist low-to-moderate income individuals and/or families with asset development through home equity and leverage existing local Item II – Land Disposition – 600 Block Grove St. 2 funding. The project is also consistent with the City’s Comprehensive Plan and the City’s Strategic Plan. The land area encompassed in this request is located on the entire east side of the 600 block of Grove Street bordered by Cleveland Avenue on the north and Parkway Avenue on the south. The subject area is a single parcel of land which has been vacant since the demolition of the former Mercy Hospital generator/maintenance structure that had previously been on the center of the site. The proposed development includes the construction of six single family affordable homes. Habitat has provided a draft concept of what the development could look like. Community Development staff will approve of final building elevations as each lot is developed. The proposal places the main entry doors on the front, Grove Street façade, and includes front porches for each structure. The proposed development is consistent with the neighborhood and other redevelopment projects within the area. It is believed the proposed land disposition and future redevelopment will not have an adverse impact on the general health, safety, and welfare of the surrounding neighborhood. It is not anticipated that the land disposition will increase or impede pedestrian and vehicle safety. There are available public utilities which are able to service the proposed development and will not generate unnecessary demand on the available services. RECOMMENDATION/CONDITIONS Staff recommends approval of the land disposition to Habitat for Humanity. The Plan Commission approved of the land disposition as requested. The following is the Plan Commission’s discussion on this item. Site Inspections Report: Ms. Propp, Mr. Mitchell, and Mr. Ford reported visiting the site. Staff report accepted as part of the record. The applicants request the land disposition of an approximate 39,500 square foot parcel of vacant land on the east side of Grove Street, between Cleveland Avenue and Parkway Avenue. Ms. Brandt presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. Oshkosh Habitat for Humanity approached the City regarding acquiring the lot for construction of affordable single family homes. Staff believes the development will continue to address the community’s need for affordable housing while furthering neighborhood revitalization efforts in Oshkosh. The land area encompassed in this request is located on the entire east side of the 600 block of Grove Street bordered by Cleveland Avenue on the north and Parkway Avenue on the south. The subject area is a single parcel of land which has been vacant since the demolition of the former Mercy Hospital generator/maintenance structure that had previously been on the center of the site. The proposed development includes the construction of six single family affordable homes. The proposal places the main entry doors on the front, Grove Street façade, and includes front porches for each structure. The proposed development is consistent with the neighborhood and other redevelopment projects within the area. She said that staff recommends approval of the land disposition to Habitat for Humanity. Item II – Land Disposition – 600 Block Grove St. 3 Ms. Propp opened technical questions to staff. Mr. Ford asked if the community gardens would be able to remain there until construction begins. Mr. Lyons replied that if approved, Habitat has already agreed that those community gardens could remain through October 2021. He knows that Habitat has had some open discussions about allowing them to continue as far as the development cycle would allow. Mr. Mitchell asked if Ms. Brandt could talk a little bit about the neighborhood feedback or the engagement of the neighborhood regarding this next section. Ms. Brandt replied that the neighborhood association is not happy to be losing their community garden area, but staff did offer to assist them in finding another location. Staff suggested Menominee Park as an appropriate area because it is in close proximity to the neighborhood. They also suggested possibly working with Bella Vista to place a community garden on some of their property. The neighborhood association was interested in seeing the lot developed, but it’s been vacant for so long. Nobody really likes to see development in their neighborhood if they’ve been able to use that area, so that’s always a concern, but they were supportive of it to a degree. Mr. Lyons added that staff did attend a neighborhood meeting in October 2019 to discuss development of these properties. Ms. Propp asked if there were any public comments. Mr. Austin Frederick stated that he lives on the 600 block of Grove Street right across the street from this lot and he is concerned about this. Part of him is excited to see a vacant lot developed, however he is concerned about how this is just going to be turned into a low income subdivision, for lack of a better term. Since the duplex has been put up, there has been increase of police activity on their street. He knows he has had to contact police once and he believes a few of his neighbors have had to call the police for some fighting and other activity going on at this development, so it’s a little concerning to hear that there’s going to be six more for a total of eight low income houses put on their block. That’s nothing against the people that are potentially going to be living there because everybody does deserve the opportunity to own a home, but with that comes responsibility. He’s lived in his home for seven years now and it’s a lot of work and a lot of money to maintain a home. He knows a little bit about Habitat, but not as much as he should. He didn’t have enough time to research how this all works, but he doesn’t know how maintenance works with the property. These are low income families who may not have the means to maintain the properties. He’s seen maintenance issues on the duplex that was built including siding that’s coming apart and one resident doesn’t mow their lawn, so these are all things that are very concerning to him. He knows this things are concerning to people in his neighborhood. He thinks a couple people on the block have listed their homes because they’re worried about this. What’s concerning is the low income part of this, the increased police activity they’ve had in the last few years from the duplex, and more of a minor point, the loss of their community garden and green space, which he understands this is an area to be developed to generate tax income for the city. He is wondering if it is excessive to have this many Habitat homes on one block, essentially making it a low income block. If there were this many sites on Washington Ave or another more prominent street, would eight Habitat homes be Item II – Land Disposition – 600 Block Grove St. 4 going up? He is wondering if this will benefit the community and he is unsure. He is very concerned about this and depending on how this goes, they might not be living on Grove Street anymore. Ms. Amy Aschenbrenner stated that she is also resident of the 600 block of Grove Street. She would like to understand more about how the homes will look because in the packet she received, they appeared to have single car garages. She would like to have more detail about the look of the housing units. Mr. Tom Simon, the Executive Director of Habitat from Humanity, stated that they have built 39 homes in the City of Oshkosh. To those on Grove Street, he would like to note that several Habitat homes already exist in their neighborhood. The situation with the twindo, they are working with the owners and are meeting with them next week. They have been working with the City for quite some time on Grove Street. This is something that will develop over time and not all at once. They are single family homes and they are working right now on how to better integrate their families into the neighborhood. The fact is they are building on Eastman Street right now and their program director is walking door to door introducing the new homeowner to the neighbors. They have worked with the City and the Rock the Block program. They are trying very hard to reach out to neighborhood associations as the homes are built. They expect this will be a very attractive addition and they will maintain the properties. In regards to the community garden, it will depend on which lots the homeowners select. Homeowners build with them and do not have the homes given to them. He believes there are other members of Plan Commission who are familiar and have volunteered with Habitat and understand the program. They will be working really hard to make sure the homeowners are welcomed and are an active part of the neighborhood association. They will be single family homes, but a lot of how the actual homes will look depends on the size of the family and many things that they will choose. It will be a good development for Oshkosh bringing in a lot of people to the neighborhood. These are great solid families who will be an active part of the neighborhood for years to come. Mr. Mitchell stated that Mr. Frederick brought up some concerns about maybe behavior, or ability to keep up a property, or to fit in maybe with the neighborhood expectations. He asked if Mr. Simon could talk a little bit about the training and education the homeowners go through. Mr. Simon replied that he took over as the Executive Director in November 2018. The twindos occurred before he was part of the program. They are trying to copy a lot of what is done by Fox Cities Habitat, which is a national leader. They are increasing the amount of homeowner education with classes about being a good neighbor and maintaining a home. They are looking to integrate the new homeowners into the neighborhood association so they are going to the meetings and being active participants. They are doing more selection, more training, and working more with the neighborhood associations. They realize that for their homeowners, they want to be part of the neighborhood. They have to make that a mutual situation working back and forth between the homeowner and the neighborhood association. Ms. Propp asked what kind of role Habitat plays after the homeowner has purchased the home and technically they’re independent. She asked if Habitat supervises or mentors or works with the neighbors and the owners if there are problems after they’ve moved in and after they own it. Item II – Land Disposition – 600 Block Grove St. 5 Mr. Simon replied that in the past the record was sometimes great and sometimes not so great. They are working on that especially going forward and especially with this development because this is a major thing for Habitat’s reputation as well. They have a strong obligation to work with the neighborhood associations. With regard to the twindo, they’ve now been arranging meetings with owners and they’re working hard with them to understand what it is to be a good neighbor. They are also working with their board to go return to previous homeowners who they’ve worked with to again reinforce the idea that homeownership is a responsibility and not just a right. Most people do not realize that there are Habitat homes all over the City already with very few complaints. They see this as an opportunity to educate people on Habitat and to get more great families into the neighborhood. Ms. Davey stated that having been a former employee of Habitat many years ago, she wanted to address some of the concerns. There was mention of low income families, but she would recommend checking into the Habitat philosophy a little bit. Families need to put in equity on their own before they are able to purchase one. Having seen all of the applications as an employee, something like 95% of them were because of an unplanned medical emergency, which could happen to anyone. It doesn’t mean that they’re bad people. As far as the houses themselves go, Mr. Simon is correct that there is another block in Oshkosh that is totally built up of Habitat homes and she doubts very much that anyone would know where that is because it doesn’t look like a low income area or anything of the kind. It was built back before Habitat was allowing building garages because it started out as a southern organization that didn’t see the need for them. In the mid-80s, it was explained to them quite clearly by one of the Oshkosh donors who donated money to put garages on with the houses. It’s a very good organization, it’s a Christian organization. She doesn’t want it to sound like that defines them, but it is a group of very good people and the volunteers are very wonderful and considerate. She thinks the neighbors will want to be there and celebrate with them to see the joy on their faces when they get into their new homes. She thinks the neighbors will find that these are some of the best neighbors in the world. They work very hard to get a house and are very dedicated. At least nine out of ten of the homeowners she has known have been exemplary. She hopes that helps to alleviate some concerns and she thinks they will be pleasantly surprised. Mr. Coulibaly stated that he agreed with Ms. Davey and that Mr. Simon has been doing a wonderful job with Habitat in the Fox Valley and now in Oshkosh. He has only good things to say about Habitat and the work they are providing for low income people in the area and the world. This is something that the neighborhood could take pride in and the homeowners earn it. They put the hours in and it is something that is a community effort. It is wonderful and sustainable way to improve the community. He knows it often comes to people who are in need and he assumes Habitat does a good job selecting people. He was wondering if there is some vetting or background check during the selection process that could reassure the neighbors, not that he doubts the new homeowners are going to be great because they will be coached as Mr. Simon said about taking care of their place and having a good relationship with the neighbors. He is wondering if there is something similar to a background check, whether formal or not, in the selection process. Mr. Simon replied that these processes have always been part of the Habitat culture. He is recently bringing down many of the Fox Cities processes. They have a family selection committee and there is a set application period each time. There are background checks, credit checks, they look at criminal background, and assess a variety of factors including their willingness to partner as well as commitment to the neighborhood. They are really working more and more now to make sure that Item II – Land Disposition – 600 Block Grove St. 6 people understand that this is an opportunity, especially with this location,. They have had numerous people applying now for Habitat homeownership which has raised the quality of their candidates over time. If they met the candidate who is currently finishing their house on Eastman, they would be please because she is an incredible addition to the neighborhood and has been going door to door and the neighbors really like her. This is an opportunity to bring more people who really want this to be a great street into the neighborhood association. He really does think they can make something that hopefully they can copy in other areas in Oshkosh moving forward. His final comment is that he believes in the years to come, you will be able to drive down Grove Street and not know that these are Habitat homes because they will fit into the neighborhood. Mr. Frederick stated that he wanted to clarify his point. It is not an attack on Habitat. He thinks they do great things. His father in-law has volunteered for them in Milwaukee. His main concern was the excessive amount of homes on Grove Street and if that was going to be a problem. He asks the commission when they cast their vote to think of it as though they’re voting for this in their own neighborhood. Ms. Propp closed public comments. Motion by Mitchell to adopt the findings and recommendation as stated in the staff report. Seconded by Coulibaly. Ms. Propp asked if there was any discussion on the motion. Mr. Mitchell stated that he wanted to acknowledge that the concerns brought forth by Mr. Frederick are legitimate. The things he has experienced as a neighbor have caused frustration. Part of the structure of this development moving forward may help with addressing those things, the twindo project in particular. There’s no yard whatsoever there. Their life spills out into everyone else’s front yard because there is no back yard, perhaps due to a lack of foresight in the planning of that project. He sees that the layout of these homes as proposed has the front of the homes aligning with the front of the twindo, which is very close to Grove Street, enabling a nice back yard and a place for activity that isn’t spilling out into Mr. Frederick’s front yard. He did have some conversations with Mr. Simon about the site and developments in general and he thinks one recommendation that he would support is getting a specific list of concerns from neighbors and incorporating those into the training that the participants go through. Their training exceeds ten hours of coursework related to home ownership, excluding the 500 hours the family has to put into volunteering for the build or related activities. He thinks that engaging the neighborhood association and the neighbors upfront is something that is essential for a development like this and he is confident that Mr. Simon would be eager to do that. He is himself a member of the Menominee South neighborhood association and so while he does not live anywhere as close as Mr. Frederick, it is a development in his neighborhood and he is very happy to see this. It addresses a gap in our community and provides affordable home ownership opportunities for lower income families. It’s one of the very rare avenues in which a low income family can develop long term wealth and Habitat homes are not necessarily the end living site. It often allows the family to develop wealth so then they can move into an unsubsidized standard market rate unit, which creates potentially another opportunity for affordable housing and the cycle continues. He wants to say that the City’s willingness to provide this land to Habitat speaks volumes for their confidence in the vision and capabilities and leadership Item II – Land Disposition – 600 Block Grove St. 7 of Mr. Simon and Habitat. He wants to commend Ms. Brandt who has worked really hard on this particular area. Ms. Davey stated that she has already made it pretty clear how she feels about this project. She thinks it is a great thing for Habitat and Grove Street, but she also wants to mention that it is very sustainable. They do not have a lot of areas in Oshkosh for these projects. This is a perfect example of using space that is already there instead of expanding more, so that’s part of the sustainability plan and she appreciates that they’re fulfilling that. She wanted to say that she will definitely will be voting yes for this because it’s a wonderful project. Motion carried 8-0-1 (Perry present). Page 3 EVANS STEVANS STGROVE STGROVE STE PARKWAY AVE PARKWAY AV CLEVELAND AVCLEVELAND AV OAK STOAK STOAK STOAK STC:\Users\minak\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: minak Prepared by: City of Oshkosh, WI Printing Date: 1/7/2021 1 in = 120 ft1 in = 0.02 mi¯GROVE ST LAND DISPOSITIONGROVE ST LAND DISPOSITION City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer Page 4 I SR-9 I-PD I TR-10 I I-PD I-PD UMU-PD UMU UMU MR-36-PD I CMU DR-6-PD TR-10-PD TR-10 TR-10-PD UMU MR-20I-PD Menominee Park Oshkosh Ci t y Li mi tOshkosh Ci t y Li mi t Oshkosh City LimitOshkosh City LimitHAZEL STHAZEL STBOWEN STBOWEN STWASHINGTON AVWASHINGTON AV E IRVING AVE IRVING AV EVANS STEVANS STGROVE STGROVE STMERRITT AVMERRITT AVBOYD STBOYD STBROAD STBROAD STSSIIEEWWEERRTT TTRR MONROE STMONROE STE PARKWAY AVE PARKWAY AV OAK STOAK STPOWERS STPOWERS STE LINCOLN AVE LINCOLN AV PPRRAATTTT TTRRLINDE STLINDE STSTERLING AVSTERLING AV CLEVELAND AVCLEVELAND AV BAY STBAY STE IRVING AVE IRVING AV FLUOR CTFLUOR CT STEVENS CTSTEVENS CTMONROE STMONROE STOAK STOAK STE LINCOLN AVE LINCOLN AV SIEWERT TRSIEWERT TR C:\Users\minak\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: minak Prepared by: City of Oshkosh, WI Printing Date: 1/7/2021 1 in = 500 ft1 in = 0.09 mi¯GROVE ST LAND DISPOSITIONGROVE ST LAND DISPOSITION City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer Page 5 C:\Users\minak\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: minak Prepared by: City of Oshkosh, WI Printing Date: 1/7/2021 1 in = 80 ft1 in = 0.02 mi¯GROVE ST LAND DISPOSITIONGROVE ST LAND DISPOSITION City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer Page 6 DEVELOPMENT AGREEMENT This Development Agreement (Agreement) is made as of the ____ day of _________, 2021 by and between the City of Oshkosh, Wisconsin, a Wisconsin municipal corporation (City), and Habitat for Humanity of Oshkosh, Inc., a Wisconsin Non-Stock Corporation (Habitat). RECITALS A. The parties have shared or have similar interests in offering housing and neighborhood programs to those who need assistance that is not otherwise offered in the marketplace. Habitat’s mission is to build simple, decent, affordable housing for low and moderate income persons and families. The City maintains programs that assist with the establishment and maintenance of viable urban communities by providing decent housing, suitable living environments and expanding economic opportunities for persons and families with low and moderate income. B. Habitat seeks to continue fulfilling its mission through expanding the types of affordable housing that is available to qualified low and moderate income families as well as expanding the housing opportunities available for those with disabilities. To that end, Habitat, along with its other partners, will construct affordable single family homes for low to moderate income families. C. The City seeks to continue fulfilling its programs assisting low income residents, potential homeowners with financial barriers, and neighborhood communities by providing Property on which Habitat will construct affordable single family housing, as well as provide certain financial assistance that will allow Habitat’s goals to become a reality for the qualified low and moderate income persons and families selected for ownership. D. The City agrees to convey, and Habitat agrees to acquire, fee simple title to the Properties. Habitat agrees to develop the site pursuant to the terms of this Agreement and the plan approved by the Common Council on ___________________, 2021 through Resolution 21-_____ (Project). E. Habitat’s ability to proceed with and complete this Project is contingent upon the City Contribution described in this Agreement. F. The City’s ability to provide financial assistance for this Project is contingent upon Habitat carrying out its organizational goals through the development of the Properties as described in this Agreement. THEREFORE, in consideration of the foregoing Recitals which are incorporated into and made a part of this Agreement, the promises, covenants and agreements contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the City and Habitat promise, covenant, and agree as follows: 1. Definitions. As used in this Agreement, the following terms shall have the following meanings: “City” means the City of Oshkosh, Wisconsin, a Wisconsin municipal corporation, its successors and assigns. 2 December 4, 2020 “City Contribution” means payments and/or financial assistance provided by the City to Habitat and/or qualified new home owners as set forth in Section 2, below. “Completion Date” means the date all work related to the Project must be completed, including all interior and exterior components, and including the conveyance to a qualified new home owner, which is December 31, 2030. “Default” means the occurrence of one or more of the events described in Section 12, below. “Effective Date” means the date first identified in this Agreement as the date the all parties intend these terms to begin. “Final Disbursement Date” means the date in which the plans for the last single family dwelling that Habitat intends to develop as part of this Project is approved by the City and the last City Contribution is transferred to Habitat. This date shall be April 01, 2027, and is intended to occur prior to the termination date of Tax Increment Financing District Number 14 (TIF#14), within which the Property is located and some funds generated by TIF#14 are being used to fund the City’s Contribution. TIF#14’s termination date is June 13, 2027. No funds can be distributed after the Final Disbursement Date unless an agreeable written modification of this Agreement is reached by the Parties. “Project” means Habitat’s approved plan to acquire Property from the City and thereafter construct single family affordable structures on the Property as approved by the Common Council on _______________, 2021 through Resolution 21-______, followed by Habitat’s conveyance of each lot to qualified families. Sketches of the Project are attached as Exhibit A. “Project Plans” means final detailed plans and specifications for the Project, and all other improvements to be located on each Property. “Property” means the land upon which the Project will be located. The Property will be divided into Six (6) separate parcels as allowed by law, with each parcel of sufficient size to construct single family dwellings. The City shall be responsible for creating said lots and recording with the Register of Deeds prior to conveying to Habitat. “Start Date: means the date in which construction of at least one (1) single family home on the Property has started. The start date shall be December 31, 2022. “Term” means the period of time from the Effective Date of this Agreement to the Completion Date. The Expiration date will correspond with the termination date of the Tax Increment Financing District Number 14 (TIF#14), within which the Property is located, and which is June 13, 2027. 2. City Obligations and City Contribution. (a) Conveyance of Property to Habitat. The City agrees to convey and Habitat agrees to purchase, fee simple title to individual parcels within the Property for Fifteen thousand dollars ($15,000.00) per lot and other good and valuable consideration. Habitat is not obligated to purchase any parcels during the Term of this Agreement. Also, the particular parcel Habitat seeks to purchase within the Property shall be at the discretion of Habitat. The conveyance will 3 December 4, 2020 be subject to this Agreement, along with all easements, covenants and restrictions of record, City Boards and Council approvals, municipal ordinances, and taxes (if any) for the year in which the conveyance takes place. Site Preparation Assistance. The City will provide Habitat with a no-interest loan in the amount of One Hundred Thousand and No/100 dollars ($100,000.00) (Site Preparation Loan) per lot to be utilized by Habitat for costs related to site preparation associated with constructing each single family house on the Property. The Site Preparation Loan shall be used for excavation/backfill costs, storm water management costs, landscaping, foundation, utility extension and street repairs associated with utility extensions. Loan shall be secured with a mortgage lien attached to the Property, with the specific terms of the loan and mortgage set forth in separate documents. A summary of the intended uses for the funds is attached as Exhibit B. The Site Preparation Loan shall not accrue interest, and Habitat shall not be required to make any payments on the Loan. The Site Preparation Loan shall be forgiven and the Mortgage satisfied when Habitat completes the Project and conveys the Property to the initial Habitat-approved new owners. (b) New Owner Down Payment Assistance. The City will provide a down payment assistance loan (Down Payment Loan) in an amount of up to Ten Thousand and NO/100 dollars ($10,000.00) to each new low-income eligible family selected by Habitat as qualified homeowners for each new single family home. The Down Payment Loan will be paid directly to the buyers and shall be secured with mortgage liens against each property, with the specific terms of the loan and mortgage set forth in separate documents. The Down Payment Loans shall be without interest or periodic payments, except that the loans shall be due and owning, and repaid in full to the City in full at the time each initial low-income family purchaser conveys or transfers some or all of the Property to any third party. (c) Potential Unbuildable Lot. As described in paragraph 8, below, one or more of the newly created parcels my result in which construction of any single family dwelling may not be economically viable. For any such lot that after due diligence investigation results in a lot that is not economically viable to build on, then the City will reimburse Habitat for its costs of due diligence. Habitat will still agree to purchase the lot, but the cost of due diligence will be deducted from the $15,000.00 agreed upon purchase price of the other lots, and the resulting amount being the purchase price. If the due diligence costs exceed $15,000.00, then the purchase price will be one dollar ($1.00) and other good and valuable consideration. 3. City Mortgages. The City anticipates the existence of at least two (2) mortgage liens that will be held by the City and placed against the Property. Namely, mortgages associated with loans for Site Preparation, and eventually New Owner Down Payment Assistance. There will also be other mortgage liens placed against the Property by Habitat and others. It is the City’s expectation that the first two mortgages, which will secure Building Construction and Site Preparation notes, will constitute the initial liens on the Property and therefore will initially be in first and second “place” in terms of liens on the Property. Upon completion of the Project and conveyance by Habitat to qualified buyers, the City’s Site Preparation note will be forgiven and the associated mortgage lien will be satisfied. Upon Habitat’s conveyance, the City’s Community Development Block Grant Home Buyer Assistance loans and mortgages to the qualified buyers will be entered and recorded. Also upon conveyance, other notes and mortgages may be executed and attached to the Property. The order of liens to be placed against the 4 December 4, 2020 property is one of the material considerations for the City to participate in this development and to enter into this Development Agreement. The City and Habitat agree to cooperate to ensure that the mortgage liens attached to the Property upon conveyance to qualified buyers reflect the following order unless the Parties agree in writing to an alternative arrangement. Habitat or Private Lending Financial Institution – 1st Mortgage City – Site Preparation Funds – 2nd Mortgage (forgivable upon initial conveyance by Habitat Fed. Home Loan Bank Homebuyer Assistance – 2nd Mortgage (if needed)(at initial conveyance) City – CDBG Homebuyer Assistance – 3rd Mortgage Habitat – 2nd Mortgage (if necessary) 4. Conditions Precedent to City’s Obligations. In addition to all other conditions and requirements set forth in this Agreement, the obligations of the City hereunder (including, without limitation, the obligation of the City to provide loans identified) are conditioned upon the completion of each and every of the following conditions to the City’s satisfaction: (a) On or before the date of this Agreement, Habitat shall provide to the City opinions of its counsel reasonably acceptable to the City stating, among other things, that the persons executing this Agreement on behalf of Habitat are authorized to do so, that Habitat is duly authorized to enter into this Agreement, and other matters as are reasonably requested by the City. (b) On or before the date of this Agreement, Habitat shall have provided the City with (i) certified copies of their Articles of Organization and Operating Agreement, and (ii) a current Certificate of Status issued by the Wisconsin Department of Financial Institutions. (c) Unless all conditions contained in this Section 4 are satisfied within the time period(s) described above that are allowed for the satisfaction of such conditions, or such conditions are waived in writing by the City within the allowed time period(s), then the City may at its option and at its sole discretion, terminate this Agreement. In the event this Agreement is terminated, then no party to this Agreement shall have any further liability or other obligation to the other parties. 5. Representations, Warranties of Habitat. Habitat represents and warrants to the City as follows: (a) Habitat is a non-stock corporation duly organized by the State of Wisconsin, is current with all administrative entity formation requirements of the State, and has the power and all necessary licenses, permits, and franchises to own their assets and properties and to carry on its business. (b) Habitat is duly licensed or qualified to do business in the State of Wisconsin and all other jurisdictions in which failure to do so would have a material adverse effect on their business or financial condition. 5 December 4, 2020 (c) The execution, delivery and performance of this Agreement have been duly authorized by all necessary corporate actions of Habitat, and constitute the valid and binding obligations of Habitat that are enforceable in accordance with its terms, subject only to applicable bankruptcy, insolvency, reorganization, moratorium, general principles of equity, and other similar laws of general application affecting the enforceability of creditors’ rights generally. (d) The execution, delivery, and performance of Habitat’s obligations pursuant to this Agreement will not violate or conflict with Habitat’s Articles of Organization or other corporate operating agreements or bylaws, or any indenture, instrument or agreement by which Habitat is bound, nor will the execution, delivery or performance of Habitat’s obligations pursuant to this Agreement violate or conflict with any law applicable to Habitat or to the Project. (e) There is no litigation or proceeding pending or affecting Habitat, or, to the best of Habitat’s knowledge, threatening Habitat or the Project, that would adversely affect the Project or Habitat, or the enforceability of this Agreement, the ability of Habitat to complete the Project or the ability of Habitat to perform its obligations under this Agreement. (f) To the best of Habitat’s knowledge, no default, or event which with the giving of notice or lapse of time or both would be a default, exists under this Agreement, and Habitat is not in default (beyond any applicable notice and cure period) of any of its obligations under any other agreement or instrument to which Habitat is a party or an obligor. 6. Habitat Covenants. During the Term of this Agreement, Habitat, and their successors and assigns, covenants to the City as follows: (a) All work performed and materials furnished to construct and maintain the Project shall be paid when due. (c) The construction and maintenance of the Project will be in conformance and compliance with, all applicable federal, state, local and other laws, rules, regulations and ordinances, including without limitation, all zoning and land division laws, rules, regulations, and ordinances, all building codes and ordinances of the City, and all environmental laws, rules, regulations, and ordinances. (d) The Project shall be constructed and maintained in a good and workmanlike manner and substantially in accordance with the Project Plans and will promptly correct any defects, structural or otherwise, in any construction or deviations from the Project Plans. Construction of the Project shall be completed free of all liens and encumbrances except for those liens and encumbrances permitted by this Agreement. (e) Habitat shall pay or cause to be paid prior to delinquency all federal, state and local taxes related to the Project. All operating expenses in connection with the Project shall be paid when due. (f) All permits, approvals and licenses that may be required by any governmental authority or nongovernmental entity in connection with the development, construction, management and operation of the Project shall be obtained and be in effect at all times. 6 December 4, 2020 (g) Habitat will not, without the City’s consent, initiate any change in the zoning classification of all or any portion of the Property. (h) All terms and requirements of the City’s loans shall be complied with. (i) If one of the parcels Habitat purchases is not economically buildable as described in paragraph 2(d), above, Habitat agrees to maintain that lot as green space and/or developed for passive or active recreation. Habitat shall be allowed to develop its own terms of use for the parcel, provided such terms of use are consistent with and comply with all local, state, and federal laws and regulations. 7. Stormwater Management. The Property must comply with storm water requirements as identified in the Oshkosh Municipal Code, or other local, state, or federal rules, regulations, or laws. These requirements shall remain in place regardless of whether this Agreement remains in effect. The requirements may include a Storm Water Management Plan, grading and drainage plans, and operating and maintenance agreements which will be available through the Oshkosh Department of Public Works. A complete, current version of the storm water requirements will at all times be available through the Department of Public Works, or through other documents recorded with the Winnebago County Register of Deeds, or both. 8. Site / Environmental Issues. The Property is part of the former Mercy Medical Center campus and, more specifically, is located near or on the location of Mercy’s boiler building which was razed a number of years ago. The City believes that some or all of the foundation was collapsed into the ground and as a result, may remain under some or all of the Property. The City has undertaken some initial borings on the property to assess its condition. The City is unaware of any conditions on the Property that would result in the applicability of environmental rules, regulations, and laws. The City has shared with Habitat its findings regarding the property, and Habitat affirmatively states that it is comfortable with its knowledge of the Property condition and accepts it in its condition upon conveyance. 9. Damage; Destruction. (a) In the event of fire, damage, or any other casualty to any part of the Project, Habitat shall, at its cost and expense, rebuild, repair and replace the Project in the condition it was in immediately prior to the casualty and shall otherwise complete the Project. (b) If the Project is required to be rebuilt or repaired or replaced, then the Project shall be rebuilt, repaired or replaced in accordance with plans and specifications prepared and approved by the City for Habitat’s use. Habitat agrees to apply any necessary portion of the insurance proceeds to rebuild, repair and replace the Project. The proceeds of insurance shall be used for the replacement, rebuilding or repair of the Project. Any amount required in excess of insurance proceeds for rebuilding, repair and/or replacement of the Project shall be paid by Habitat. 7 December 4, 2020 10. City’s Right to Cure Default. In case of a failure by Habitat to procure or maintain insurance, or to pay any fees, assessments, charges or taxes arising with respect to the Project or to comply with the terms and conditions of this Agreement or any other document, contract or agreement effecting the Project, the City shall have the right, but shall not be obligated, to effect such insurance or pay such fees, assessments, charges or taxes or take such action as is necessary to remedy the failure of the Corporation to comply with the documents, contracts or agreements effecting the Project, and, in that event, the cost thereof shall be payable by Habitat to the City. 11. Real Estate Taxes and Assessments. Unless otherwise exempt, Habitat shall pay timely to the City generally applicable property taxes assessed and levied by the City on the Property under applicable property tax laws, rules, rates, regulations and ordinances in effect from time to time. Nothing in this Agreement shall impair any statutory rights of the City with respect to the assessment, levy, priority, collection, and/or enforcement of real estate property taxes. In addition, Habitat agrees to timely pay to the City all special assessments that may be assessed or levied in connection with the Property under the applicable special assessment laws, rules, regulations, ordinances and rates in effect at the time said special assessments are assessed or levied. 12. Restrictions on the Use or Sale of Property. The City has invested significant amounts of time and tax dollars into this Property. Therefore, it is in the public’s best interest that for the Term of this Agreement: that the Property remains in the ownership of a taxable entity, and that this Agreement prohibits the future inclusion of deed restrictions that would exclude or inhibit potential uses for any development on the Property that is otherwise compliant with the Zoning Ordinance; that after Habitat conveys the property, it shall not be conveyed to or owned by any tax-exempt entity for the Term of this Agreement; and that no additional deed restriction shall be placed on the Property which would constrain or limit the use of the Property in any way. The City may, at its discretion, also insert these restrictions within the deed and transfer documents at the time of conveyance to Habitat. 13. Nondiscrimination. Habitat shall not use the Project in any manner to permit discrimination or restriction on the basis of race, creed, ethnic origin or identity, color, gender, religion, marital status, age, handicap or national origin, and Habitat shall construct and operate the Project in compliance with all laws, rules, regulations and ordinances relating to discrimination or any of the foregoing. 14. Default. The occurrence of any one or more of the following events shall constitute a default of this Agreement: (a) Habitat, or any successor, fails to pay when due any amount due from it under this Agreement; or (b) Any representation or warranty made by Habitat, or any successor, in this Agreement or any document delivered by Habitat, or any successor pursuant to this Agreement shall prove to have been false in a material way as of the time made or given; or 8 December 4, 2020 (c) Habitat, or any successor, breaches or fails to substantially perform timely or observe timely any of its covenants or obligations under this Agreement, and such failure shall continue for thirty (30) days following notice thereof from the City to Habitat (or such longer period of time as is necessary to cure the default as long as Habitat has commenced the cure of the default within the thirty (30) day period and is diligently pursuing to cure the default and as long as the default is cured not later than one hundred eighty (180) days following notice thereof from the City); or (d) The Project is not substantially completed on or before the Completion Date (subject to matters of force majeure); or (e) Habitat: (i) becomes insolvent or generally does not pay, or be unable to pay, or admits or states in writing that it is unable to pay, its debts as they mature; or (ii) makes a general assignment for the benefit of creditors or to an agent authorized to liquidate any substantial amount of its assets; or (iii) become the subject of an order for relief within the meaning of the United States Bankruptcy Code, or file a petition in bankruptcy, for reorganization or to effect a plan or other arrangement with creditors; or (iv) has a petition or application filed against it in bankruptcy or any similar proceeding, and such petition, application or proceeding is not dismissed within ninety (90) days after filing, or Habitat files an answer to such a petition or application in which material allegations thereof are admitted; or (v) applies to a court for the appointment of a receiver or custodian for any of its assets or properties or have a receiver or custodian appointed for any of its assets or properties, with or without consent, and such receiver is not discharged within ninety (90) days after appointment; or (vi) adopts a plan of complete liquidation of its assets. 15. Remedies. Upon the occurrence of any default, without further notice, demand or action by any kind by the City, the City may, at its option, pursue any one or more of the following remedies concurrently or successively: (a) Pursue any or all of the rights and remedies available to the City at law and/or in equity against Habitat, the Property, and/or the Project. (b) Habitat has represented to the City that they maintain a separate agreement which describes their respective obligations to perform the tasks described in this Development Agreement and to thereafter receive the benefits for performing these tasks. The City remains only interested in the appropriate and lawful use of public funds, the development of the Property, and the timely completion of the Project. Therefore, the Parties agree that Habitat is responsible to the City for all terms, conditions, warranties, and covenants described herein, regardless of whether any description uses the connector “and,” “or,” or “and/or.” The City may take any enforcement action against either or both at its sole discretion. (c) Except as may be otherwise specifically set forth herein, no remedy herein conferred upon the City is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement, and/or available to the City under any other covenants, restrictions, documents or 9 December 4, 2020 instruments, and/or now or hereafter existing at law or in equity. No failure or delay on the part of the City in exercising any right or remedy shall operate as a waiver thereof nor shall any single or partial exercise of any right preclude other or further exercise thereof or the exercise of any other right or remedy. Notwithstanding any of the foregoing authorizations, the City shall have no duty or obligation whatsoever with respect to any of the matters so authorized. 16. Liability. (a) No Personal Liability. Under no circumstances shall any council member, official, director, attorney, employee, or agent of a party have any personal liability arising out of this Agreement, and no party shall seek or claim any such personal liability. (b) Indemnification. While the City is providing funding through loans and other support for the Project, it remains a Habitat project and Habitat is responsible for the Property and activities related to the Property and Project after the City conveys it to Habitat. Therefore, Habitat covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands which may result from the intentional or negligent actions of Habitat, its partners, agents, and assigns, its employees, volunteers, contractors, or subcontractors related however remotely to the performance of this Agreement or be caused or result from any violation of any law or administrative regulation and shall indemnify and reimburse to the City all sums, including court costs, attorneys fees, and punitive damages which the City may be obliged or adjudged, by a court of competent jurisdiction, to pay on any such claims or demands within thirty (30) days of the date of the City’ written demand for indemnification and/or reimbursement for those actions, claim, and demands caused by or resulting from the intentional or negligent acts as specified in this paragraph. 17. City Authorization. The execution of this Agreement by the City is authorized by Common Council Resolution No. 21-____ dated _________________, 2021. 18. Miscellaneous. (a) No Assignment without Consent. Except as otherwise specifically set forth herein, the respective rights and liabilities of the City and Habitat in this Agreement are not assignable or delegable, in whole or in part, without the prior written consent of the other party. Provisions of this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. (b) Modifications. No waiver, amendment, or variation of the terms of this Agreement shall be valid unless in writing and signed by the City and Habitat, and then only to the extent specifically set forth in writing. 10 December 4, 2020 (c) Notices. All communications or notices required or permitted by this Agreement shall be in writing and shall be deemed to have been given: (i) upon delivery to an officer or the person entitled to such notice, if hand delivered, or (ii) two business days following deposit in the United States Mail, postage prepaid, or with a nationally recognized overnight commercial carrier that will certify as to the date and time of delivery, air bill prepaid, or (iii) upon transmission if by facsimile, any such communication or notice shall be addressed as follows, unless and until any such party notifies the other in accordance with this section of any change of address: If to the City: City of Oshkosh Attn: Director of Community Development 215 Church Avenue Post Office Box 1130 Oshkosh, WI 54903-1130 With a Copy to: Oshkosh City Attorney’s Office 215 Church Avenue Post Office Box 1130 Oshkosh, WI, 54903-1130 If to Habitat: Habitat for Humanity of Oshkosh, Inc. Attn: Executive Director 2559 Badger Avenue Post Office Box 2692 Oshkosh, WI 54902-2692 With a copy to: Attorney _______________________ _______________________________ _______________________________ _______________________________ (d) Entire Agreement. This Agreement and the documents executed pursuant to this Agreement contain the entire understanding of the parties with respect to the subject matter hereof. There are no restrictions, promises, warranties, covenants or understandings other than those expressly set forth in this Agreement and documents executed in connection with this Agreement. This Agreement and the documents executed in connection herewith supersede all prior negotiations, agreements and undertakings between the parties with respect to the subject matter hereof. (e) No Third Party Beneficiary. This Agreement is intended solely for the benefit of Habitat and the City, and no third party (other than successors and permitted assigns) shall have any rights or interest in any provision of this Agreement, or as a result of any action or inaction of the City in connection therewith. Without limiting the foregoing, no approvals given pursuant to this Agreement by Habitat or the City, or any person acting on behalf of either of them, shall be available for use by any contractor or other person in any dispute with the construction of the Project. 11 December 4, 2020 (f) Governing Law. This Agreement shall be governed by, and construed and interpreted in accordance with, the laws of the State of Wisconsin applicable to contracts made and wholly performed within the State, with the venue of any dispute being Winnebago County, Wisconsin. (g) Counterparts. This Agreement may be executed in several counterparts. Each counterpart shall be deemed an original, with each counterpart collectively constituting but one in the same Agreement. Facsimile signatures shall be deemed original signatures for all purposes of this Agreement. (h) Severability of Provisions. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be in effect to the extent of such prohibition or enforceability without invalidating the remaining provisions of this Agreement in such jurisdiction or affecting the validity or enforcement of any provision in any other jurisdiction. (i) No Partnership or Joint Venture. Nothing contained in this Agreement or any other documents executed pursuant to this Agreement shall be deemed or construed as creating a partnership or joint venture between the City and Habitat, or between the City and any other person or entity related to the Project, or cause the City to be responsible in any way for the debts or obligations of Habitat, or of any other person or entity related to the Project, or cause Habitat to be responsible in any way for the debts or obligations of the City. The City and Habitat represent, warrant and agree, for themselves and their successors and assigns, not to make any statements or assertions inconsistent with this acknowledgement, or with the acknowledgement and Agreement contained in the preceding sentence in the event of any action, suit or proceeding, at law or in equity, with respect to the transactions which are the subject of this Agreement and this paragraph may be pleaded and construed as a complete bar and estoppel against any assertion by or for a party and its successors and permitted assigns, that is inconsistent with its acknowledgement and agreement contained in the preceding sentence. (j) Time of the Essence. Time is of the essence as to each and every obligation or promise contained in this Agreement. Any delay by the City in enforcing any obligation or promise shall not waive the City’s ability to expect that timely completion of obligations and/or promises. (k) Force Majeure. If any party is delayed or prevented from timely performing any act required under this Agreement other than the payment of money, by reason of fire, earthquake, war, terrorist act, flood, riot, strikes, labor disputes or shortages, government restrictions, judicial order, public emergency, or other causes beyond the reasonable control of the party obligated to perform, the performance of such act shall be excused for the period of such delay and the time for the performance of any such act shall be extended for a period equivalent to such delay. (l) Recording. This Agreement, or a memorandum of this Agreement in lieu of the full Agreement, may be recorded in the office of the Register of Deeds of Winnebago County, Wisconsin. It is understood by the parties that until Expiration Date, this Agreement will run with the land and will be binding upon the Property. 12 December 4, 2020 (m) Headings. The headings to this Agreement are for reference only and are not intended to modify any of the terms and conditions of this Agreement. (n) No Drafting Presumptions. This Agreement is the product of negotiation between the parties and as a result no term, covenant or provision herein or the failure to include a term, covenant or provision shall be construed against either party hereto solely on the basis that one party or the other drafted this Agreement or any particular term, covenant or condition contained herein. 19. Other Approvals. In addition to any approvals required under this Agreement, Habitat shall be required to obtain all approvals, consents, and licenses as may be required by any governmental or non-governmental authority in connection with the Project, including, without limitation, all building permits, Project Plan approvals, storm water approvals, and zoning approvals. Habitat’s compliance with the terms of this Agreement shall not relieve Habitat from complying with all applicable federal, state and local laws, rules, regulations and ordinances in connection with the Project. To the extent any governmental or non-governmental entity imposes different or more restrictive conditions on Habitat, or the Project, compliance by Habitat with the terms of this Agreement shall not relieve Habitat from complying with such different or more restrictive conditions. Likewise, any less restrictive conditions imposed on Habitat, or the Project by any governmental or non-governmental authority shall not relieve Habitat, or the Project from complying with all of the terms and conditions of this Agreement. [SIGNATURE PAGES FOLLOW] 13 December 4, 2020 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CITY OF OSHKOSH, WISCONSIN By: Mark A. Rohloff Its: City Manager By: Pamela R. Ubrig Its: City Clerk Approved as to form: By: __________________________ Lynn A. Lorenson Its: City Attorney I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this Agreement. Russ Van Gompel, Finance Director STATE OF WISCONSIN ) ) SS COUNTY OF WINNEBAGO ) Personally came before me this _____ day of ____________, 2021, the above-named Mark A. Rohloff , City Manager, and Pamela R. Ubrig, City Clerk, to me known to be the persons who executed the foregoing document and acknowledged the same. Notary Public, State of Wisconsin My commission expires: [SIGNATURES AND ACKNOWLEDGEMENTS CONTINUED NEXT PAGE] 14 December 4, 2020 HABITAT FOR HUMANITY OF OSHKOSH, INC. By: ________________, President By: Name / title STATE OF WISCONSIN ) ) SS COUNTY OF WINNEBAGO ) On this _____ day of ________________, 2021 personally came before me the above named ________________________________________ and ______________________________________, to me known to be the persons who executed the foregoing instrument and acknowledged the same. Notary Public, State of Wisconsin My commission expires: . EXHIBIT B Eligible Expenditures for City Site Preparation Loan Description of Work Excavation/Backfill/Material Disposal (includes site grading, excavation, top soil, soil/material disposal, storm, water, sewer, natural gas and electric hook ups, and street repair (must obtain right-of-way permit)) Storm Water Management (includes installation of underground and above ground infrastructure needed to meet City storm water management requirements; preparation of storm water management plan) Landscaping (includes grass, hedge row and/or fence along property lines, and foundation plantings) Foundation (includes installation of the foundation and floor bracing for main structure; foundation for detached garage) Concrete driveway approach (must obtain City right-of-way permit) Concrete or asphalt driveway Terms of Funding: $100,000 per lot forgivable loan released to Habitat at time of land transfer or approval of construction plans/elevation drawings (whichever occurs first), to be held in separate Habitat account. Funding to be secured by a promissory note to be satisifed at the time of sale to future eligible property owner. Homebuyer Down Payment Assistance - up to a $10,000 loan directly to each new low income eligible family selected by Habitat as qualified homeowners for each new single family home