AMENDED AND RESTATED DECLARATION OF RESTRICTIVE COVENANTS - CDBG PROGRAM Chase, Susan
From: Douglas, Brenda
Sent: Tuesday, August 31, 2021 11:01 AM
To: Chase, Susan
Subject: FW: Unsigned Document - SP Country Club Homes LLC
Do you still need it?
�3�e�-a'a-Dant-gCay
Senior Accountant
Housing Department
City of Clearwater
From: Malcolm-Smith,Terry<Terry.Malcolm-Smith@myClearwater.com>
Sent:Tuesday,August 31, 202110:43 AM
To: Lane, Charles<Charles.Lane@myclearwater.com>
Cc: Douglas, Brenda <Brenda.Douglas@ MyClearwater.com>
Subject: Re: Unsigned Document-SP Country Club Homes LLC
The document you are requesting is for a closed file.
That file was sent to retention over 5 years.
Terry Malcolm-Smith, SHIP Program Administrator II
City of Clearwater
One Clearwater Tower
600 Cleveland Street, Suite 600
Clearwater, Florida 33755
Phone 727-562-4.036
Fax 727-562-4.037
From: Lane, Charles<Charles.Lane@myclearwater.com>
Sent:Tuesday,August 31, 202110:20 AM
To: Malcolm-Smith,Terry<Terry.Malcolm-Smith@ myClearwater.com>
Cc: Douglas, Brenda <Brenda.Douglas@MyClearwater.com>
Subject: FW: Unsigned Document-SP Country Club Homes LLC
Terry,
Please direct Brenda on where she can find the fully executed document.
1
Thanks,
Chuck
------------------------
Chuck Lane, Assistant Director
Economic Development& Housing Department
City of Clearwater
One Clearwater Tower
600 Cleveland St, Suite 600
Clearwater, FL 33755
Office Phone-(727)562-4023
Cell Phone—(727)742-1304
Fax—(727)562-4037
Charles.Lane@ MyClearwater.com
From: Douglas, Brenda <Brenda.Douglas@MyClearwater.com>
Sent:Tuesday,August 31, 202110:13 AM
To: Lane, Charles<Charles.Lane@myclearwater.com>
Subject: FW: Unsigned Document-SP Country Club Homes LLC
Do you know who this should go to?
�3�e�-a'a-Dant-gCay
Senior Accountant
Housing Department
City of Clearwater
From: Chase, Susan <Susan.Chase@mvClearwater.com>
Sent:Tuesday,August 31, 202110:01 AM
To: Douglas, Brenda <Brenda.Douglas@MyClearwater.com>
Subject: Unsigned Document-SP Country Club Homes LLC
Brenda,
The attached document was sent to Housing/Geri Lopez do you have a fully signed copy of
this document? Let me know. Thanks
Susan Chase, FCRM
Documents &, Records Specialist
(727) 562-4033
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2
AMENDED AND RESTATED
DECLARATION OF RESTRICTIVE COVENANTS
CITY OF CLEARWATER
CDBG PROGRAM
THIS DECLARATION, made this day of 2012 , is hereby amending and
restating declarations made on June 16, 2008, between SP Country Club Homes LLC, its
successors, assigns and transferees of the project described below, whose mailing address is 2430
Estancia Blvd., Suite 101, Clearwater, Florida 33761, hereinafter called (`Borrower") and the
City of Clearwater, Florida, a municipal corporation organized and existing under the laws of the
State of Florida hereinafter called ("City").
WHEREAS, the Borrower and the City entered into that certain Declaration of
Restrictive Covenants dated June 16, 2008 ("Declaration"), binding certain real property as more
particularly described herein ("Property") to a thirty (30) year affordable housing restriction
because it was unknown at that time what affordable housing project would be built on the
Property; and
WHEREAS, the affordable housing project has now been defined, the Borrower has
since entered into, or within sufficient time will enter into, additional agreements for
construction funding and eligible purchasers will enter into agreements for down payment
assistance which shall contain restrictive covenants that the City agrees will be adequate to meet
affordability requirements as provided by law; and
WHEREAS, the Borrower is in the process of developing affordable housing units for
low to moderate-income residents as described and required by these restrictive covenants, and
agrees with the City that the real property which is subject to that certain executed Mortgage and
Note as recorded in the official records of Pinellas County in Book 16296, pages 1332-1355 shall
be subject to the restrictive covenants set forth herein, as well as all restrictions of record; and
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WHEREAS, Borrower agrees that these restrictive covenants shall remain in full force
and effect against the real property until fifty-one percent (51 %) of the units are sold to low to
moderate income homebuyers ("Affordability Period").
This Agreement shall be properly filed and recorded by the City in the Official Public
Records of the Pinellas County, Florida and shall constitute a restriction upon the use of the
property subject to and in accordance with the terms contained herein.
IN CONSIDERATION of funds the City has provided to the Borrower for a loan to
fnance the acquisition of certain lands in the City of Clearwater, Pinellas County, Florida, more
particularly described as:
A portion of Lots 1 through 6, Block 3, Revised Plat of Brookwood Terrace, as recorded in Plat
Book 8, Page 34, of the Public Records of Pinellas County, Florida.
Together with:
A portion of Lots 1 through 8, F.A. Kennedy's Fair Lane Addition, as recorded in Plat Book 1 l,
Page 16, of the Public Records of Pinellas County, Florida.
Being more particularly described as follows:
Commencing at the North 1/4 corner of said Section 15, Township 29 South, Range 15 East;
thence run 5.89° 18'S6"E. along the North boundary of said Section 15, a distance of 1,093.85
feet; thence run 5.00° 15'S3 "W., a distance of 31.80 feet to the Northeast corner of Kellet's
Subdivision, as recarded in Plat Book ll, Page 24, of the Public Records of Pinellas County,
Florida; then run 5.89° OS'28"E., a distance of 40.00 feet to the Northwest corner of F.A.
Kennedy's Fair Lane Addition, as recorded in Plat Book 1 l, Page 16, of the Public Records of
Pinellas County, Florida, said point also being the point of beginning; thence run 5.89° 21'09"E.
along the North boundaries of said F.A. Kennedy's Fair Lane Addition and Revised Plat of
Brookwood Terrace, as recorded in Plat Book 8, Page 34, of the Public Records of Pinellas
County, Florida, a distance of 310.07 feet to the Northeast corner of Block 3, said Revised Plat of
Brookwood Terrace; thence run 5.00° 00'19"W. along the East boundary of said Block 3,
Revised Plat of Brookwood Terrace, a distance of 310.02 feet to the Southeast corner of Lot 6, of
said Block 3, revised Plat of Brookwood Terrace; thence run N.89° 22'14"W. along the Southerly
boundary of said Lot 6 and its Westerly extension, a distance of 3ll .44 feet to a point on the
westerly boundary of F.A. Kennedy's Addition; thence run N.00° 15'26"E. along the West
boundary of F.A. Kennedy's Fair Lane Addition, a distance of 310.10 feet to the point of
beginning,
the Borrower acknowledges that this Agreement is necessary to comply with the affordability
requirements of the Community Development Btock Grant ("CDBG") program as stated at 24
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CFR part 570, specifically, CDBG program criteria for national objectives as stated in 24 CFR
§570.208, from which funds were obtained to finance such loan, and subpart B of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, §24.101, and
therefore, borrower covenants and agrees that in connection with the acquisition and
development of the project, that the City should approve any transfer or sale of the subject
property and borrower will comply, and will require any subsequent purchaser of the project to
comply, with the following:
l. Recitals. The foregoing recitals are true and correct and are incorporated in and form a part
of this Agreement.
2. Covenants and Restrictions on Use of Funds. CDBG funds provided to this project have
been used for acquisition of the real property. The Borrower agrees that at least fifty-one percent
(51%) of the units developed will be made available and reserved for sale to low to moderate-
income families. During the Period of Affordability as defined herein, the single family CDBG
assisted unit (51% of the units) shall be sold to a family whose annual income does not exceed
80 percent of the median family income for the area, as determined and made available by the
Department of Housing and Urban Development with adjustments for smaller and larger families
at the time of purchase of the new home. The home must be the principal residence of the family.
(a) The income of the persons or family who will occupy the unit shall be verified by the City
or a designated non-profit party agreed to by the Borrower and the City, by obtaining third party
verification of current income for the family who will occupy the housing unit and verification of
assets. Source documentation evidencing annual income may include wage statements, interest
statements, and unemployment compensation statements, other documentation approved by the
City. In the event that neither of the above methods is suitable, the Borrower may use other
methods acceptable to the City to verify income. Annual income for the purpose of this
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Agreement shall be as defined by the Department of Housing and Urban Development for the
CDBG Program.
(b) The value of the CDBG assisted unit shall not exceed 95 percent of the median purchase
price for that type of single family housing for the area. The maximum per unit subsidy amount
shall not exceed the per dollar limits established under section 221 (d) (3) and (4) of the National
Housing Act, as applicable.
(c) The family or individuals purchasing the single-family CDBG unit shall hold fee simple
title to the property.
(d) For the purpose of this Agreement, the Period of Affordability shall be a period beginning
on the date of this agreement and terminating when fifty-one percent (51 %) of the units are sold
with the 16�' homebuyer closing on the loan to purchase the unit, taking fee simple title to the
property.
(e) During the Period of Affordability, the single family CDBG assisted units (16 units) must
be occupied by a low-income CDBG homebuyer.
(fl All proceeds, program income and recaptured funds associated with this project shall be
returned to the City of Clearwater within 30 days.
(g) Any noncompliance with the requirement of this Section shall be corrected within 30 days
after such error is first discovered or would have been discovered by the exercise of reasonable
diligence.
3. Property Standards: The single family unit shall meet and maintain all applicable local
codes, the Florida Building Code, ordinances, including but not limited to, zoning ordinances at
the time of project completion. All CDBG units must meet all applicable State and local housing
quality standards, code requirements and accessibiliTy requirements at 24 CFR Part 8, which
implements Section 504 of the Rehabilitation Act of 1973 and covered multifamily dwellings as
defined at 24 CFR 100.20, and must also meet the design and renovation requirements at 24 CFR
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100.205, which implement the Fair Housing Act. Development of the units must meet the Model
Energy Code.
4. Location of CDBG Assisted Units. The location of the CDBG assisted project is as
follows:
A portion of Lots 1 through 6, Block 3, Revised Plat of Brookwood Terrace, as recorded in Plat
Book 8, Page 34, of the Public Records of Pinellas County, FIorida.
Together with:
A portion of Lots 1 through 8, F.A. Kennedy's Fair Lane Addition, as recorded in Plat Book 11,
Page 16, of the Public Records of Pinellas County, Florida.
Being more particularly described as follows:
Commencing at the North 1/4 corner of said Section 15, Township 29 South, Range 15 East;
thence run 5.89° 18'S6"E. along the North boundary of said Section 15, a distance of 1,093.85
feet; thence run 5.00° 15'S3"W., a distance of 31.80 feet to the Northeast corner of Kellet's
Subdivision, as recorded in Plat Book 11, Page 24, of the Public Records of Pinellas County,
Florida; then run S.89° OS'28"E., a distance of 40.00 feet to the Northwest corner of F.A.
Kennedy's Fair Lane Addition, as recorded in Plat Book 11, Page 16, of the Public Records of
Pinellas County, Florida, said point also being the point of beginning; thence run 5.89° 21'09"E.
along the North boundaries of said F.A. Kennedy's Fair Lane Addition and Revised Plat of
Brookwood Terrace, as recorded in Plat Book 8, Page 34, of the Public Records of Pinellas
County, Florida, a distance of 310.07 feet to the Northeast corner of Block 3, said Revised Plat of
Brookwood Terrace; thence run 5.00° 00'19"W. along the East boundary of said Block 3,
Revised Plat of Brookwood Terrace, a distance of 310.02 feet to the Southeast corner of Lot 6, of
said Block 3, revised Plat of Brookwood Terrace; thence run N.89° 22'14"W. along the Southerly
boundary of said Lot 6 and its Westerly extension, a distance of 311.44 feet to a point on the
westerly boundary of F.A. Kennedy's Addition; thence run N.00° 15'26"E. along the West
boundary of F.A. Kennedy's Fair Lane Addition, a distance of 310A1 feet to the point of
beginning.
The Borrower agrees that there will be no materia] changes to the design of the project after
initial commitment by the City without assurances provided by Borrower and approved by City
that the proposed changes will not adversely affect the CDBG assisted units or any provision of
this Agreement.
5. No Discrimination. The Borrower shall not discriminate, as defined by Federal Statutes, on
the basis of race, creed, color, sex, age or national origin in the use or occupancy of the CDBG
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assisted units or in connection with the employment or application for employment of persons for
the operation and management of the project.
6. Affirmative Marketing Efforts. The Borrower will follow the affirmative marketing
procedures and requirements for the CDBG Program to attract eligible CDBG buyers in the
housing market area to the available housing without regard to race, color, national origin, sex,
religion, familial status or disability.
7. Environmental Reviews. The acquisition development project must be assessed for
environmental effects in accordance with the provisions of the National Environmental Policy
Act of 1969 (NEPA) and related authorities listed in HUD's implementing regulations at 24 CFR
parts 50 and 58.
8. Displacement, relocation and acquisition. The Borrower will take reasonable measures to
minimize displacement of persons as a result of a project being assisted with CDBG funds in
accordance with the requirements of the Uniform Relocation Assistance and Real Properties
Acquisition Act. The borrower shall be responsible for any relocation expenses incurred without
City approval.
9. Lead Based Paint. The Borrower shall be responsible for maintaining that all CDBG assisted
units meet the requirements listed in the Lead Based Paint Poisoning Prevention Act and 24 CFR
part 3 5.
]0. No Conflicts with Other pocuments. The Borrower warrants that it has not, and will not,
execute any other agreement with provisions contradictory to, or in opposition to, the provisions
hereof, and that, in any event, the requirements of this Agreement are paramount and controlling
as to the rights and obligations herein set forth and supersede any other requirements in conflict
herewith.
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11. Requests for disbursement of funds. The Borrower shall request funding for the CDBG
assisted project from the City of Clearwater on an as needed basis and in accordance with its
application and approval for such funds.
12. Records. The Borrower shall retain all records pertaining to Project for a period of five
years after audit and/or resolution of audit findings involving this loan. The Bonower shall
maintain accurate information regarding the occupancy for each CDBG unit during the term of
the Affordability Period and, at the request of the City, shall submit this information to the City
for the City's review and comment. The Borrower shall maintain documentation substantiating
compliance with Affirmative Marketing Requirements. These Project records shall be made
available to The City of Clearwater, U.S. Department of Housing and Urban Development and/or
representatives of the Comptroller General of the United States for audit, inspection or copying
purposes during normal business hours.
The Owner shall maintain project records that include the following:
(1) A full description of each unit assisted with CDBG funds, including the location
and form of CDBG assistance.
(2) The source and application of funds for each project, including supporting
documentation in accordance with 24 CFR 85.20.
(3) Records demonstrating that each project meets the property standards of the lead
based paint requirements.
(4) Records demonstrating that each family is income eligible�
(5} Records demonstrating that the purchase price or estimated value after
rehabilitation for each CDBG ownership housing project does not exceed 95% of
the median purchase price for the area.
(6} Records demonstrating that each CDBG ownership project meets the
affordability requirements.
s►�
(7) Records documenting required inspections, monitoring reviews and audit, and
the resolution of any fndings or concerns
(8) Records documenting equal opportunity and fair housing records.
(9) Records documenting all CDBG related financial activities.
(10) Records documenting affirmative marketing and MBE/WBE activities.
13. Monitoring. The Borrower shall permit the City or its designee to inspect all records
pertaining to CDBG assisted units upon reasonable notice and within normal working hours and
shall submit to the City such documentation as required by the City to document compliance with
this Agreement and CDBG Program rules. If the project is new construction, the Borrower shall
provide the required documentation quarterly, until all CDBG units are sold.
14. Successors Bound. This Agreement and the covenants contained herein shall run with the
land and shall bind, and the benefits shall inure to, respectively, the Borrower and its successars
and assigns and all subsequent owners of the project or any interest therein, and to the City for
the Period of Affordability set forth in this Agreement.
15. Enforcement of Terms. The benefits of this Agreement shall inure to, and may he
enforced by the City far the Period of Affordability, whether or not the City shall continue to he
the holder of the Mortgage, whether or not the project loan may be paid in full, and whether or
not any bonds issued for the purpose of providing funds for the project are outstanding.
16. Conflict of Interest. The Borrower warrants that no person covered who exercises ar
exercised any functions or responsibilities with respect to CDBG activities or who is in the
position to participate in decisions or gain inside information may obtain a financial interest or
benefit from a CDBG activity; or have an interest in any contract, subcontract or agreement for
themselves or for persons with business or family ties.
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17. Conditions of Religious Organizations. CDBG funds may not be used for rehabilitation
or construction of housing that is owned by primarily religious organizations or to assist
primarily religious organizations in acquiring housing.
18. Uniform Administrative Requirements. If the owner of the CDBG assisted project is a
not- for-profit organization, the owner agrees to comply with applicable federal administrative
requirements of OMB Circular A-87 and applicable provisions of 24 CFR 85 for government
entities, or OMB Circular A-122 and applicable provisions of 24 CFR Part 84 for non-profit
entities.
19. Severability. The invalidity of any clause, part or provision of this Agreement shall not
affect the validity of the remaining portion thereof.
20. Defaults and Remedies. If the Borrower shall fail to observe or perform any covenant,
condition or agreement contained herein on its part to be observed ar perforrned, then and in such
event, the City shall be entitled, in addition to all other remedies provided by law or in equity:
(a) To compel specific performance by the Borrower of its obligations under this Agreement,
it being recognized that the beneficiaries of Borrower obligations hereunder cannot be
adequately compensated by monetary damages in the event of Borrower's default.
(b) To cause the Borrower to pay to the City an amount equal to all CDBG funds loaned to
Borrower less any principal balance previously repaid by Borrower or the transfer of real
property acquired with CDBG assistance, if any CDBG assisted unit is knowingly or negligently
sold to persons who do not comply with the requirements for such unit.
(c) In addition, to these remedies, a default by the Borrower hereunder shall constitute a default
under the Mortgage and Note which will enable the City thereunder, after notice and an
opportunity to cure as therein provided, to accelerate the Borrower's loan and take such other
actions as may be permitted under the terms of the Mortgage.
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In Witness Whereof
Signed, Sealed and Delivered in the presence of:
*Note: Two wifiesses are required
Please type or write names underneath signatures
SP Countrv Club Homes, LLC
By: SP Country Club Homes, LLC — a limited liability corporation
By:
Managing Member
Witness
Witness
Approved as to form:
City of Clearwater, Florida
, 1 � �, �
William B. Horne, II
City Manager
Attest:
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Laura Mahony Rosemarie Call �l_ �
Assistant City Attorney City Clerk � .---- ��.�
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