TO ISSUE MORTGAGE REVENUE BONDS TO PROVIDE AFFORDABLE MORTGAGE MONEY
CITY OF CLEARWATER
SPECIFIC PERFORMANCE AGREEMENT
THIS AGREEMENT, ("Agreement") made and entered into this 1'f4^- day of i
2005, by and between City of Clearwater, having its principal office at 112 Osceola Avenue,
Clearwater, Florida 33756, a political subdivision of the State of Florida ("City") and the, Housing
Finance Authority of Pinellas County ("Authority"), a public body corporate and politic, organized
and existing under Chapter 159, Part IV of the Florida Statutes and Pinellas County Code Sections
2-386:
WITNESSETH:
WHEREAS, the City and the Authority recognize the need to provide affordable housing to
low and moderate income, first time home buyers through low interest loans and assistance with
down payments and closing costs; and
WHEREAS, the Authority plans to issue single family mortgage revenue bonds in the year
2005 for the purpose of providing affordable mortgage money for low and moderate income buyers;
and
WHEREAS, the City desires to participate by contributing State Housing Initiatives
Partnership (SHIP) funds to make available lower rates and assistance to facilitate purchases by
lower income persons in accordance with SHIP guidelines; and
WHEREAS, it is necessary for the City and the Authority to enter into an Agreement for the
implementation of said project.
NOW, THEREFORE, in consideration of the mutual performance of the promises and
covenants contained herein, the City and the Authority agree as follows:
A. SCOPE OF SERVICES
1. Upon approval by the City of the bond documents, incorporated herein by reference, the
City will make a lump sum payment to the Authority. Funds will be held by the Authority's
Trustee for the purposes of providing assistance to low and moderate income first time
home buyers purchasing homes within the City of Clearwater, as described in Attachment A,
"Housing Finance Authority of Pinellas County SHIP-Assisted Loan Program."
2. The Authority will authorize its Trustee to use SHIP funds to purchase qualified loans in
accordance with terms and conditions ofthe Authority's 2005 Series A bond documents, the
language of which is hereby incorporated by reference, and SHIP legislation.
3. To the extent that City's SHIP funds are used by the Authority, City shall be entitled to
repayment ofthe SHIP funds as provided for in the Trust Indenture, incorporated herein by
reference, in connection with the Authority's single family mortgage revenue bonds, 2005
Series A, over the thirty year life of the mortgage loan, unless repaid sooner. Payments
shall be made in a quarterly lump sum payment to City of Clearwater, 112 Osceola Avenue,
Clearwater, Florida 33756, Attention: SHIP Trust Fund.
4. The scope of services outlined above shall not be altered without written approval of the
City.
B. FUNDING
1. The City shall remit to the Authority Fifty Thousand Dollars ($50,000.00) for service
performed under the terms of this Agreement for Series 2005A. Payment of Fifty Thousand
Dollars ($50,000.00) in a lump sum upon execution of this Agreement for Series 2005A,
2 The source of funding from the City for payment of services performed under this
Agreement is a grant provided to the City by the State of Florida ("State"). The Authority
agrees that in the event that the grant is reduced or withheld by the State, the City shall not
be liable for payment of contracted services remaining unfunded by said reduced or
withheld grant. In the event that the State determines that the Authority has not fulfilled its
obligations in accordance with the requirements applicable to the grant and/or requests
reimbursement of expenses paid under this Agreement, the Authority shall provide said
reimbursement within thirty (30) days of said notice from the City.
C. MONITORING AND RECORD RETENTION
1. City shall have the right to monitor and evaluate all aspects of activities carried out by the
Authority. Such evaluation will be effected by the submission of reports and information by
the Authority and by monitoring site visits by the City.
2. All records pertaining to this Agreement, including but not limited to financial, statistical,
property and programmatic records shall be retained for four (4) years from ending date of
the City's fiscal year (October 1 through September 30) in which this Agreement is paid in
full, expired, or terminated. All records, however, that are subject to audit findings shall be
retained for four (4) years in the manner prescribed above or until such audit findings have
been resolved, whichever is later. Nothing herein shall be construed to allow destruction of
records that may be required to be retained longer by the Statutes of the State of Florida.
3. The Authority shall at any time during normal business hours and as often as the City and/or
officials from the Florida Housing Finance Corporation and/or any of their duly authorized
representatives may deem necessary make available for examination all of Authority's
records, books, documents, papers, and data with respect to all matters covered by this
Agreement and shall permit the City and/or its designated authorized representative to audit
and examine all books, documents, papers, records and data related to this Agreement.
D. TERM OF AGREEMENT
1. The term of performance under this Agreement for the expenditure of SHIP funds as
described in Section A above shall be from the effective date of this Agreement through the
origination period of the 2005 Series A program as defined by the bond documents, or as
may be extended under the conditions permitted by such bond documents (the "Origination
Period").
2. At the end of the Origination Period, SHIP funds not committed to SHIP assisted loans in
the County Program area by Authority or its participants shall be returned to the City.
However,if the Authority offers a second bond program in the year 2005, the City may
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indicate in writing its desire to use remaining SHIP funds and/or City funds, if any, or
additional SHIP funds and/or City funds for participation in a future bond program under this
same agreement.
3. The term of performance under this Agreement for the servicing and monitoring of loans
and return of SHIP funds to City shall continue throughout the thirty year life of the mortgage
loans or until all funds have been collected by the Authority or its agents and repaid to the
City.
4. In the event of default, lack of compliance or failure to perform on the part of Authority, the
City reserves the right to exercise corrective or remedial actions, to include, but not
necessarily be limited to requesting additional information from Authority to determine
reasons for or extent of noncompliance or lack of performance; issue a written warning
advising Authority of deficiency and advising Authority that more serious sanctions may be
taken if situation is not remedied; advise Authority to suspend, discontinue or not incur costs
for activities in question; withhold payment for services provided; or advise Authority to
reimburse City for amount of costs incurred for any items determined ineligible.
5. This Agreement may be terminated in whole or in part for convenience by either party upon
30 day written notification to the other and with the written consent ofthe other. Unless the
action is challenged within the 30 day period, consent shall be deemed granted.
Termination for convenience shall not apply to provisions in this Agreement that require
compliance with laws, regulations or ordinances, records retention or to the provision of
service to low and moderate income persons or other specified beneficiaries, and is subject
to the following restrictions:
a) City shall not withdraw its commitment of SHIP funds and/or City funds at
any time during the Origination Period.
b) Authority shall monitor the use of and return City SHIP funds as specified
herein.
E. INDEMNIFICATION
1. The Authority and the City shall only be liable for negligence under this Agreement to the
extent permitted by Chapter 768.28 of the Florida Statutes, as it may be amended from time
to time. This section shall not be construed as waiving any defense or limitation which
either party may have against any claim or cause of action by any person not a party to this
Agreement.
2. The City's consent and approval for the use of SHIP funds shall not be deemed to create
any obligation of the City under the bond documents.
F. REPORTING
1. The Authority shall provide, or cause to be provided, monthly reports to the City on the use
of SHIP funds during and at the end of the 2005 Series A Origination Period.
2. The Authority shall provide, or cause to be provided, annual reports to the City showing the
current status of the 2005 Series A bond program and the amount of SHIP funds still to be
returned to City for the term of the agreement.
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3. Authority shall furnish City with all additional information, records, reports and data as may
be required by State of Florida or City pertaining to matters of this Agreement.
G. OTHER REQUIREMENTS
1. In carrying out this Agreement, the Authority or any contractor shall not exclude from
participation in, deny benefits to, or otherwise discriminate against, any person because of
race, color, religion, sex, age, national origin, family status or handicap.
2. The Authority will carry out its activities under this Agreement in compliance with all state
laws and with the SHIP program rule issued by the Florida Housing Finance Corporation,
incorporated herein by reference. Further, the Authority will comply with all terms of the
City's Local SHIP Housing Assistance Plan and other City requirements. The Authority will
provide the City with the opportunity to review all program descriptions, bond documents
and other pertinent documentation prior to the commitment of funds in order to protect the
City's interests and to confirm compliance with the above state and local requirements.
3. The Authority shall not assign any interest in this Agreement or otherwise transfer interest in
this Agreement without submitting said proposed assignment or transfer to the City and
without the prior written approval of the City of the proposed assignment or transfer. All
requirements of this Agreement shall be applicable to any subcontracts or other agreements
entered into under this Agreement and it shall be Authority's responsibility to ensure that all
requirements are included in said subcontracts or assignments and all assignees or
transferees abide by said requirements.
4. No forbearance on the part of either party shall constitute a waiver of any item requiring
performance by the other party hereunder. A waiver by one party of the other party's
performance shall not constitute a waiver of any subsequent performance required by such
other party. No waiver shall be valid unless it is in writing and signed by authorized
representatives of both parties.
5. Any news release or other type of publicity pertaining to this Project must recognize the City
of Clearwater and the SHIP program as sponsors.
6. Should any section or any part of any section of this Agreement be rendered void, invalid or
unenforceable by any court of law, for any reason, such a determination shall not render
void, invalid, or unenforceable any other section or any part of any section in this
Agreement.
7. The laws of the State of Florida shall govern this contract.
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed,
the day and year first above written.
ATTEST:
Sign:~ ~
Print: ,~. - - - 'td,
~\ I
Sign:
Print: ~ H~"l1j
Countersigned:
-i~ ~ h/~
~k V. Hibbard
Mayor-Councilmember
Approved as to form:~
~t;-/). 2~~~
---siYa . Ru
Assistant City Attorney
HOUSING FINANCE AUTHORITY
OF PINELLAS UNTY
--
By:
CITY OF CLEARWATER, FLORIDA
B~~--n
William B. Horne II
City Manager
Attest:
STATE OF FLORIDA )
COUNTY OF PINELLAS ) ~
'1' " The foregoing instrument was acknowledged before me this ~ day of
~ ,20t)5"by FRANK V. HIBBARD, Mayor-Councilmember of the City of
Clearwater, wh~ersonally known tll...1lle.
C~A'~
Print/Type Name:
Notary Public
"......~"... Carolyn L Brink
/~l:iI\""~~ MYCOMMISSION# 00203569 EXP, IRES
~:~ May 22, 2007
"",1.....W BONDED THRU lROY FAIN INSURAHa,1NC.
',Rf"W.'
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
']l1e !oregoing instrument was acknowledged before me this "3 ~ day of
~ , 20<15"; by WILLIAM B. HORNE II, City Manager of the City of Clearwater,
who is personally known to me.
C~oY~
Print/Type Name:
Notary Public
>j1I\l\~~~ Carolyn L Brink
f*:' :~ MY COMMISSION # DD203569 EXPIRES
~'" . ."t: May 22, 2007
--'l...9r..'f,..'rf.i' BONDED THRU TROY FAIN INSUWlC~ IHC.
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this 1 ~ day of
Fe-iw-u ~ ' 2005, by Rodnev Fischer, as Chairman of the Housing Finance Authority of
Pinellas County, a Florida public body corporate and politic, on behalf of the Authority. He is
Cpersonally know~or has produced as identification and
appeared before me at the time of notarization.
PAMElA L ,BELL
My Comm !lip. SIMII
No. CC 992231
~w.-n I Jo..l.D.
~~~
/" Notary PUblic
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