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REAL PROPERTY DONATION AGREEMENTREAL PROPERTY DONATION AGREEMENT This REAL PROPERTY DONATION AGREEMENT ("Agreement") is made on this Jef4 day of 2018, between the City of Clearwater (the "City"), a Florida municipal corporation whose adldress is 112 South Osceola Avenue, Clearwater, FL 33756; and Habitat for Humanity of Pinellas County, Inc. ("Habitat"), a Florida not for profit corporation whose address is 13355 49th Street North, Clearwater, FL 33762. RECITALS: WHEREAS, the City is the owner of that certain real property, commonly known as 404 Blanche B Littlejohn Trail, Clearwater, FL 33755, more particularly described herein (the "Property"); and WHEREAS, Habitat is a not for profit corporation within the State of Florida established for the purpose of constructing homes for families in need of affordable housing; and WHEREAS, Habitat wishes to acquire the Property for the construction of a home for a qualified family, and the City desires to donate the Property as provided for under Section 2.01(d)(5)(i) of the Clearwater City Charter, subject to certain conditions; and WHEREAS, the parties desire to memorialize their Agreement. NOW THEREFORE, in consideration of the mutual covenants herein contained, and the mutual benefits to be derived hereunder, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The recitals set forth above are true and correct and are incorporated herein by reference. 2. This Agreement describes the respective responsibilities of each party in providing for the donation of Property for the purpose of constructing a Habitat home to be used for affordable housing. 3. The Property is located at 404 Blanche B Littlejohn Trail (Pinellas County Property I.D. No. 09-29- 15-37422-002-0080) and is legally described as follows: Lot 8, Block 2, HART'S ADDITION TO CLEARWATER, as recorded in Plat Book 1, Page 94, of the public records of Hillsborough County, Florida, of which Pinellas County was formerly a part 4. The parties agree the value of the Property is Seventeen Thousand Dollars ($17,000), and that no monetary consideration is received in connection with said donation. 5. The City agrees to donate, convey and transfer to Habitat, all of the City's right, title and interest in and to the Property subject to the terms, conditions and provisions hereof. The donation of the Property contemplated by this agreement shall be conveyed subject to the terms, conditions and provisions hereof. The donation of the Property contemplated by this Agreement shall be conveyed by Quit Claim Deed subject to any zoning, easements and restrictions of record. The Quit Claim Deed shall contain a reverter clause providing that in the event Habitat has not commenced and/or completed construction of these improvements within the timeframe(s) Real Property Donation Agreement between the City of Clearwater and Habitat for Humanity of Pinellas County specified in paragraph nine (9) below, Habitat will forthwith, upon the request of the City, reconvey the Property to the City via Special Warranty Deed. The City makes no warranties as to the marketability of title and donates the property in "as -is" condition. 6. Habitat shall have, at its own expense, the right to conduct inspections and determine feasibility of accepting the donation of the Property. For purposes of physical inspection of the Property, the City grants Habitat, its agents and professionals engaged by such parties, the right to enter upon the Property. Habitat shall not perform any inspections or tests requiring invasive methods without prior written consent of the City. 7. Habitat will pay all closing costs associated with the transfer of Property, including but not limited to; settlement fees, title insurance, appraisal fees, taxes, and recording fees. 8. Habitat shall have, at its own expense, the right to purchase title insurance. Any matters set forth in the title commitment, including any defects, or liens and encumbrances, shall be the responsibility of Habitat to cure, or accept as exceptions to the title policy. 9. The property must be used by Habitat for the sole purpose of constructing a single-family home to be sold to a household whose total household income does not exceed 80 percent of Area Median Income, adjusted for household size, as published by the United States Department of Housing and Urban Development for Pinellas County. Habitat agrees to commence construction of certain improvements on the Property within twelve (12) months of the date of this Agreement. Habitat further agrees to complete construction of such improvements within eighteen (18) months of the date of this Agreement. 10. Whenever this Agreement requires or permits any consent, notice, request, or demand from one party to the other (collectively "Notice"), such Notice must be in writing and shall be delivered either by hand or by certified mail. Notice shall be effective as of the date of actual delivery or, if delivery is refused by the receiving party, the date on which such delivery was attempted. Each party's initial address for delivery of any Notice is designated below, but any party from time to time may designate a different address for delivery of any Notice by delivering to the other party Notice of such different address: If to City: City of Clearwater Attn: City Manager 112 S. Osceola Ave Clearwater, FL 33756 If to Habitat: Habitat for Humanity of Pinellas County, Inc. c/o Michael Sutton, CEO 13355 49th Street N. Clearwater, FL 33762 11. This Agreement may not be assigned by Habitat without the express written consent of the City, which consent shall be in in the City's sole discretion. 12. This Agreement, together with any exhibit(s) attached hereto, constitutes the entire Agreement between the parties and no representation, warrant, promise or inducement not included in the Agreement shall be binding upon any party hereto, their legal representative, successors and assigns. Real Property Donation Agreement between the City of Clearwater and Habitat for Humanity of Pinellas County 13. The "Effective Date" of this Agreement shall be the date on which both parties have executed this Agreement. IN WITNESS WHEREOF, the parties have duly executed this agreement the day and year first above written. Approved as to form: Laura Lipowski Mahony Assistant City Attorney Atte t: /c,✓ 2# Real Property Donation Agreement between the City of Clearwater and Habitat for Humanity of Pinellas County THE CITY OF CLEARWATER, FLORIDA By: - C1f001lt'1Cr( 42$ George N. Cretekos, Mayor Attest: Rosemarie Call City Clerk HABITAT FOR HUMANITY OF PINELLAS COUNTY, INC. By: