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HOME PROGRAM AGREEMENT FOR RENTAL ACTIVITIESHOME PROGRAM AGREEMENT FOR RENTAL ACTIVITIES BY AND BETWEEN CITY OF CLEARWATER AND ABILITIES AT ST. ANDREW COVE, INC. This Agreement (the "Agreement") is entered into this aV of April 2018, by and between the CITY OF CLEARWATER, municipal corporation, organized and existing under the laws of the State of Florida (herein called "City"), and Abilities At St. Andrews Cove, Inc., (hereafter called "Awardee"). WHEREAS, the City has applied for and has been awarded funds from the United States Department of Housing and Urban Development (herein called "HUD") for the HOME Investment Partnerships Program which is referred to herein as the ("HOME Program") and WHEREAS, Awardee has applied for and been granted approval to rehabilitate (6) multi -family units for rent, of which two (2) will be designated HOME units; and WHEREAS, Awardee has evidenced the capacity to rehabilitate the affordable housing project funded in part by this Agreement which will be known as Abilities at St. Andrews Cove Apartments at 605, 607, 631, 633, 645 and 843 N. Keene Road, Clearwater, Florida; and WHEREAS, on August 3, 2017, City approved the use of HOME and State Housing Initiatives Partnership (SHIP) Program Funds for eligible low -moderate income individuals and families and affordable housing projects in the City of Clearwater, Fjjorida; and WHEREAS, on or about AprilQi 201$, City approved the described use of HOME and SHIP Program Funds and authorized staff to enter into an Agreement with Awardee to provide Three Hundred Eighteen Thousand Six Hundred & 00/100 Dollars ($318,600.00) through HOME Funds ($68,600.00) & SHIP ($250,000.00) to renovate six (6) multi -family units for rent, of which two (2) will be designated HOME -assisted units and reserved for eligible low -moderate income tenants. NOW THEREFORE, City and Awardee hereby execute this Agreement to undertake the described affordable housing project. FURTHERMORE, The City of Clearwater and Awardee agree as follows: I. SCOPE OF SERVICE The Awardee will be responsible for carrying out the HOME assisted activities in a manner satisfactory to the City and consistent with all standards required as a condition of providing these funds. Program activities will include the following uses and corresponding activities eligible under the HOME Program: A. Awardee shall rehabilitate of six (6) multi -family units for low to moderate -income tenants in Clearwater, Florida, more particularly described in Attachment "A" (hereinafter the "Project"). Two (2) of the units will be designated as HOME assisted units and four (4) of the units will be designated as SHIP -assisted units. All HOME -assisted units will be "iloatine." B. Awardee shall rehabilitate the six (6) multi -family units identified above to standards required in Section IV of this Agreement. C. Awardee shall affirmatively market six (6) affordable housing units. All HOME -assisted units shall be affirmatively marketed for rent to eligible tenants in accordance with 24 CFR 92.203(a)(1)(i) whose total household incomes do not exceed sixty percent (60%) of the adjusted area median income, determined by HUD, adjusted for family size. 1 ft/ D. Awardee will maintain (6) HOME/SHIP assisted affordable housing units. The six (6) units shall be designated as HOME/SHIP assisted units which are part of the project shall be rented or held available for rental on a continuous basis to person or families who, at the commencement of occupancy by each tenant of such unit shall have annual income which does not exceed 60 percent of the median family income for the area, as determined and made available by HUD with adjustments for smaller and larger families. E. Awardee shall establish HOME rents that are the lesser of HUD Section 8 Fair Market Rents or rents that do not exceed 30% of the annual gross income of a family whose income is 60% of the area median income for the area, as determined by HUD, adjusted for family size for the home assisted housing units. F. Awardee shall establish initial rents and the procedures for future rent increases based on rules and regulations established in 24 CFR 92.252, Rental Housing. G. Awardee shall provide a detailed schedule, acceptable to City, of activities to be completed under this Agreement. II. PROJECT FUNDING A. The City hereby approves the award of HOME and SHIP Funds in the amount of Three Hundred Eighteen Thousand Six Hundred 00/100 Dollars ($318,600.00) to the Awardee as owner of the Project located at 605, 607, 631, 633, 645 and 843 North Keene Road in the City of Clearwater, Florida. B. Awardee shall provide a detailed budget, acceptable to City, indicating usage of all funds in the Project budget, including HOME Funds provided under this Agreement. C. HOME Funds provided under this Agreement will be in the form of a deferred loan at (0%) percent per annum for a term of twenty (20) years, as set forth in the Promissory Note (the "Note"). D. The Note shall be secured by a Mortgage encumbering the Project in favor of the City. The entire outstanding principal balance of the loan shall be due and payable upon sale of the Project or any portion thereof during the applicable affordability period, except that subsequent purchase of the Project may be approved by the City, provided the subsequent Awardee agrees to: 1. Enter into an agreement with the city to own and operate the Project as affordable rental housing; and 2. Abide by all applicable HOME Program requirements. E. Awardee shall ensure HOME Funds provided under this Agreement will be requested for disbursement only in required amounts and as needed for payment of eligible costs for activities described and approved in this Agreement. Payments will be made by the City for eligible expenses actually incurred by Awardee, and will not exceed actual cash requirements. The City reserves the right to liquidate funds available under this Agreement for eligible costs incurred by the City on behalf of Awardee. The full amount of the loan, Three Hundred Eighteen Thousand Six Hundred and 00/100 Dollars ($318,600.00) shall be disbursed at the closing of this transaction. ANY PROGRAM INCOME GENERATED FROM THIS PROJECT SHALL BE REMITTED TO THE CITY. F. If for any reason, Awardee breaches any term of this Agreement, the City may require full repayment of any amounts advanced under this Agreement pursuant to Section VIII, Remedies on Default. G. HOME Funds to be provided under this Agreement are contingent upon the City's determination to proceed, modify, or cancel the Project based on the results of a subsequent environmental review in accordance with HUD CPD Notice 01-11. H. Two (2) of the units will be designated as HOME units and have an eighteen (18) month rental 2 s.&.k occupancy deadline after the date of project completion I11. AFFORDABILITY A. As provided in 24 CFR 92.252, alt housing developed with funding provided under this Agreement shall be affordable and available to low-income persons for a period of twenty (20) years for the HOME Program (the "Affordability Period") beginning upon the day of Project closing. If the housing does not meet the applicable affordability requirements for the full Affordability Period for any reason whatsoever, payment to City of the outstanding or remaining unpaid balance of HOME and SHIP Funds invested in the Project will be required according to the repayment terms set forth in Section VIII of this Agreement. Awardee shall ensure the affordability requirements of the housing for the full Affordability Period through HUD -approved deed restrictions or other HUD -approved mechanisms. Affordability requirements shall be enforced by City via a HUD -approved deed restriction encumbering the Project for the full Affordability Period. IV. HOUSING QUALITY STANDARDS A. All affordable housing developed with HOME Funds provided under this Agreement shall, upon completion, meet or exceed all applicable minimum housing code standards, as established by City, and all state and local housing, zoning, fire, State Model Energy Code and building codes, as amended. In addition, all housing assisted under this Agreement shall be maintained in compliance with all applicable minimum housing code standards, as established by the City, and all state and local housing, zoning, fire, and building codes, as amended, for the duration of the Agreement and the full term of the required Affordability Period. B. Awardee shall establish and maintain records for each HOME -assisted housing unit to ensure adherence to all applicable minimum housing code standards, as established by City, and all state and local housing, zoning, and building codes, as amended. Prior to processing any periodic pay requests for the Project, the Awardee's compliance with all Housing Quality Standards will be verified by a City inspection. The method of inspection by City to ensure maintenance of required housing standards for the full period of affordability will be in accordance with 24 CFR 92.504(d) (1). C. The City reserves the right to inspect at any time during normal business hours any and all rehabilitation accomplished under this Agreement to assure adherence to applicable Housing Quality Standards, minimum housing codes, as established by the local jurisdiction, and all state and local housing, zoning, building and fire codes, as amended. Awardee agrees to abide by all policies, rules, and guidelines regarding inspection requirements and costs set forth by the City. D. Awardee shall use only licensed contractors and subcontractors, reputable workmen, material suppliers, and agents acceptable to the City in the construction, marketing, and leasing of the housing units to be constructed under this Agreement. V. NOTICES Communication and details concerning this Agreement shall be directed to the following persons: City of Clearwater Abilities Inc. of Florida Charles H. Lane, Jr. Lisa Ciccolelli Assistant Director Housing Director 112 S. Osceola Avenue 2735 Whitney Road Clearwater, Florida Clearwater, Florida 33760 (727)-562-4023 The contact persons listed above may be changed upon fifteen (15) days written notice to the other party. 3 ,Je4 VI. ADMINISTRATIVE REQUIREMENTS A. Awardee shall abide by all applicable federal, state, and local laws, regulations, codes, and ordinances in the performance of all activities required by this Agreement, and specifically agrees to adhere to applicable requirements of 24 CFR 92. B. Awardee shall conduct an independent audit of this Project after completion of the Project. This audit shall be in accordance with generally accepted accounting principles. An independent auditor acceptable to the City shall conduct the audit. Awardee shall provide the City with a copy of such audit upon completion and in accordance with the terms outlined in the Note. Any deficiencies noted in the audit report shall be fully cleared by Awardee within thirty (30) calendar days after receipt of said audit report by the City. Failure of Awardee to clear deficiencies noted in the audit report shall constitute a breach of this Agreement, and the City may exercise any and all of its rights and remedies under Section VIII, Remedies on Default. C. Awardee shall adhere to the requirements of 2 CFR 200 and applicable uniform administrative requirements of 24 CFR 92.505. D. Awardee shall make available to the City at any time during normal business hours all financial, compliance and rehabilitation records of activities pertaining to funding and the Project covered by this Agreement to allow the City to conduct monitoring, performance, and compliance reviews and evaluations. Notwithstanding any other provision in this Agreement, the City will monitor the performance of Awardee against the activities described in this Agreement. Substandard performance as determined by the City shall constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by Awardee within thirty (30) calendar days after being notified by the City, suspension or termination procedures may be initiated as specified in Section VIII or Section IX. E. In accordance to 24 CFR 92.353, Awardee shall ensure that no person will be displaced from his or her dwelling as a direct result of activities assisted with HOME Funds provided under this Agreement. In the event that displacement is unavoidable, the Awardee will adhere to the Uniform Relocation Act. F. Awardee shall affirmatively market all housing units developed under this Agreement to low-income persons in compliance with 24 CFR 92.351, Public Laws 88-352 and 90-284 and ensure maintenance of documentation of affirmative marketing efforts to such persons. Prior to any funds being disbursed under this Agreement, the Awardee shall provide an affirmative marketing plan to the City documenting the planned affirmative marketing efforts to be undertaken by Awardee regarding the Project. G. Awardee shall not pay any part of funds received under this Agreement for lobbying the Executive or Legislative Branches of the Federal, State, or local government. H. Awardee shall adhere to the Conflict of Interest provisions at 24 CFR 92.356 and 2 CFR 200. I. Awardee shall comply with the provisions of the National Environmental Policy Act of 1969, as applicable to projects funded under this Agreement, the Flood Disaster Protection Act of 1973, and the Lead -Based Paint Poisoning Prevention Act, and the regulations promulgated there under, all as amended as applicable. Awardee agrees to comply with the following regulations insofar as they apply to this Agreement, the Clean Air Act, Federal Water Pollution Control Act, Environmental Protection Agency regulations pursuant to 40 CFR 50, all as amended, as well as all other applicable environmental laws and regulations, as applicable. Awardee shall ensure maintenance of documentation to evidence compliance with environmental statutes and regulations. J. Awardeer shall establish and ensure the eligibility of tenants leasing housing developed under this Agreement with regard to program requirements specified by HUD. In addition, Awardee shall ensure maintenance of beneficiary information regarding persons assisted under this Agreement, including name, address, family size, social security number , race, sex, income, 4 marital status, and whether the assisted person(s) is elderly, female head -of -household, handicapped, American Indian or Alaska Native, Hispanic, Caucasian, Black or African American, Asian, or Native Hawaiian or Pacific Islander. The information shall be maintained for each housing unit and person(s) or families assisted under this Agreement. Awardee shall submit the beneficiary information to the City upon request. K. Awardee will submit all close-out documents required by City no later than one hundred twenty (120) days from completion of the project. L. Awardee shall provide drug-free workplaces in accordance with the Drug -Free Workplace Act of 1988. M. Awardee shall ensure compliance with all requirements of the Davis -Bacon Act (applicable to projects with 12 or more HOME -assisted units), Contract Work Hours and Safety Standards Act, the Copeland Anti -Kickback Act, and all other applicable federal, state, and local laws and regulations pertaining to labor standards. Awardee shall ensure maintenance of adequate records and reports to evidence such compliance when applicable. N. Awardee shall ensure compliance with the requirements of Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), Executive Order 11246 (Equal Employment Opportunity), as amended by Executive Order 12086, and the regulations issued pursuant thereto, Executive Orders 11625, 12432, and 12138, which require affirmative actions to encourage participation by minority and women -owned business enterprises. Awardee shall ensure that the provisions of this paragraph are included in every subcontract entered into by Awardee associated with this Agreement and Project. Awardee shall ensure maintenance of records and reports to document compliance with fair housing and equal opportunity requirements. O. Awardee will ensure that all records required under this Agreement are retained for a period of five (5) years after the applicable required period of affordability has expired. When requested,Awardee shall furnish, and cause all its subcontractors to furnish, all reports and information required hereunder, and will permit access to its books, records, and accounts, by the City, HUD or its agent, or other authorized federal officials for purposes of investigation to ascertain compliance with the statutes, rules, regulations, and provisions stated herein. P. Awardee shall ensure that where employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, said employees shall not be required or permitted to work, be trained in, or receive services in buildings or surroundings, or under working conditions, which are unsanitary, hazardous, or dangerous to the participants' health or safety. Q. Awardee shall comply with Executive Order 11063, as amended by Executive Order 12259, and shall not discriminate against persons on the basis of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital or familial status, or status with regard to public assistance. Awardee shall maintain records and documentation to evidence compliance with this requirement. Awardee shall take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include, but are not limited to, the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Awardee agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting agency setting forth the provisions of this nondiscrimination clause. R. Awardeer shall comply with Section 3 of the Housing and Urban Development Act of 1968, Employment Opportunities for Lower Income Persons in Connection with Assisted Projects, and 5 regulations issued pursuant thereto. Awardee shall cause a "Section 3 Clause" to appear in all subcontract Agreements executed under this Agreement or in connection with this Project and shall take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of Section 3 or the regulations promulgated pursuant thereto. Awardee shall not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of Section 3 and implementing regulations. Further, Awardee shall not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of Section 3 and implementing regulations. S. Awardee shall comply with Title VI of the Civil Rights Act of 1964, (Nondiscrimination in Federal- assisted Programs) as amended, Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and the Age Discrimination Act of 1975, along with all applicable regulations associated therewith, all as amended. Awardee shall include the provisions of this paragraph in every subcontract entered into by Awardee associated with this Agreement or this Project. Awardee shall ensure maintenance of records and reports to document compliance. T. Awardee agrees that funds received under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization. U. Awardee shall not further encumber the Project pursuant to this Agreement without the prior written approval of the City. V. Awardee shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Awardee shall cause the applicable provisions of this Agreement to be included in, and made a part of, any subcontract executed in the performance of this Agreement. Executed copies of all subcontracts entered into by Awardee shall be available for review by the City, along with documentation concerning the selection process. VII. DEBARMENT AND SUSPENSION A. Awardee certifies that the Owner or its principals: 1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation from covered transactions by any federal department or agency; 2) have not within a three (3) year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement(s) or receiving stolen property; 3) are not presently indicted for or otherwise criminally charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated above; and 4) have not within a three (3) year period preceding this Agreement had one (1) or more public transactions (Federal, State or local) terminated for cause or default. VIII. REMEDIES ON DEFAULT In accordance with 2 CFR 200, Awardee agrees that in the event the City determines that a breach of this Agreement has occurred, the City may exercise any and all of its rights and remedies under applicable regulations, including the right to terminate this Agreement and recapture or terminate any and all HOME Funds allocated under this Agreement. More specifically: 6 A. Except as provided in Section D below, if the City determines that Awardee has materially failed to comply with any provision of this Agreement, or with any rules, statutes, regulations, or ordinances referred to herein, the City will notify Awardee in writing and hand -deliver, with written receipt evidencing the date and time of delivery, or send by certified mail, return receipt requested, such Notice of Default to the party designated to receive such Notices in Section V of this Agreement. For purposes of this section, the term materially means "an important or essential term of the Agreement." B. Except as provided in Section D below, the City will allow Awardee the opportunity to demonstrate compliance with the Agreement requirements in question. Awardee shall offer evidence of such compliance within thirty (30) calendar days from receipt of the written Notice of Default. Substantial compliance shall not constitute compliance with the terms and conditions of this Agreement unless the City expressly agrees to the substantial compliance in writing. C. If Awardee fails to demonstrate to the City that it has fulfilled the requirement(s), the City may, in its sole and absolute discretion in addition to imposing any of the special conditions specified in 2 CFR 200, take corrective or remedial action(s) as follows: 1) Corrective or remedial action will be designed to prevent a continuation of the deficiency, mitigate any adverse effects, and prevent recurrence of the deficiency. 2) Corrective or remedial action may include: (a) Temporarily withholding cash payments pending correction of the deficiency by Owner; (b) Specific activities required by the City to correct the deficiency and to be accomplished by Awardee in a specified time frame; (c) Canceling or revising activities may affect the performance of this Agreement and create a deficiency in the original Agreement and may be grounds for making this Agreement void and trigger remedies available to the City under this Agreement and/or HOME Program regulations; (d) Reprogramming any balance of HOME Funds made available under this Agreement from deficient activities, or any activity funded under this Agreement, to other eligible activities; (e) Suspension of HOME fund disbursements for deficient activities, or any activities funded under this Agreement and subsequent termination of this Agreement in its entirety; (f) Termination of this Agreement in its entirety and requiring that the Awardee repay to the City any and all HOME Funds advanced under this Agreement; (g) Suspension of Awardee from participation in any future allocations of HOME Funds from the City; or (h) Taking other remedial actions that may be legally available to City. D. No notice of default will be required, and no opportunity to cure a default will be given, where the extent or nature of the default(s) is such that there is a likelihood of material loss, liability, or prejudice to the City or the Project, or both, from delay in action. E. In the event Awardee dissolves the organization, ceases to exist, or becomes. unable for any reason to fulfill its obligations under this Agreement, the City will require Awardee to fully repay to the City any and all amounts advanced under this Agreement. 7 Jo/ F. Notwithstanding any other provision of this Agreement, should there be any fraud, misrepresentation, embezzlement, or any other criminal activity associated with this Project, the City may pursue all legal and equitable remedies available to it against the Awardee. G. Any decision regarding corrective, remedial, legal or equitable remedies or actions to be taken regarding this Agreement or Project shall be at the sole option and absolute discretion of the City. A decision by the City to pursue one course of action shall not constitute a waiver of any other course of action the City may pursue under this Section VIII, Remedies on Default. H. Pursuant to 24 CFR 92.205(e), should this Agreement be terminated before completion of the Project, either voluntarily or otherwise, any HOME Funds invested in the Project that is the subject of this Agreement shall be repaid to the rCity's HOME Investment Trust Fund in accordance with 24 CFR 92.503(b). IX. CANCELLATION OR TERMINATION A. Pursuant to 2 CFR 200, the City may terminate this Agreement upon thirty (30) calendar days prior written notice to the Awardee contact person indicated in Section V. of this Agreement. The notice of termination shall set forth the reasons for such termination, the effective date of termination, and in the case of partial termination, the portion of the award to be terminated. However, in the case of partial termination, if the City, in its sole and absolute discretion, determines that the remaining portion of the funding provided under this Agreement will not accomplish the purposes for which the award was made, the City may terminate the award in its entirety under paragraph A of this section, Section VIII, or 2 CFR 200. B. Funding allocations may be cancelled or reduced and the Agreement may be terminated or amended by the City under any one of the following conditions: I) Awardeer is not in compliance with the requirements of the HOME Agreement or any other applicable agreement, note, regulation, or law; 2) Implementation of the Project is not in compliance with the time frames and goals stated Attachment B or other sections of this HOME Agreement, any approved amendments; Funding as stated in the City -approved application and HOME Agreement have not been fulfilled; 3) If Awardee does not receive and maintain a carryover allocation pursuant to I.R.C. Section 42, when Awardee is approved as a joint application with the low-income housing tax credit program; 4) Awardee does not submit the required closeout documents to the City within one hundred twenty (120) days from the date the Project was placed in service; 5) The HOME Department has been notified by HUD, Rural Development, or any other the City's program that Project funds have been reduced or eliminated. C. At least fourteen calendar days (14) prior to the effective date of the termination or amendment of a standard agreement, the City shall provide written notice to Awardee of its intent to cancel or amend the funding allocation. D. Upon notification by the City that funding is cancelled or reduced and the HOME Agreement is terminated or amended, the Awardee shall complete all work affected by the cancellation or reduction that is in progress and terminate any other activities that were to be paid for with HOME Funds. X. MISCELLANEOUS PROVISIONS A. The officials who executed this Ageement hereby represent and warrant that they have full and complete authority to act on behalf of the City and Awardee, respectively, and that their signatures below, the terms and provisions hereof, constitute valid and enforceable obligations of each. B. This Agreement shall be executed in the original, and any number of executed copies. Any copy of this Agreement so executed shall be deemed an original and shall be deemed authentic for any other use. C. The terms and conditions of this Agreement shall be binding upon the parties hereto, their respective successors and assignees. D. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer and employee between the parties. Awardee shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. E. Awardee shall not assign or transfer any interest in this Agreement without the prior written approval of the City. F. This Agreement shall be construed according to the laws of the State of Florida. G. Should any part, term or provision of this Agreement, or portions thereof, be determined by a court of competent jurisdiction to be illegal, void or unenforceable, the validity of the remaining portions or provisions shall not be affected thereby. XI. INDEMNITY Awardee agrees that it shall indemnify and hold harmless the City, its officers, agents, directors and employees from: A Any claims or losses for services rendered by any subcontractor, person or firm performing or supplying services, materials or supplies in connection with the performance of this Agreement. B. Any claims or losses resulting to any person or firm injured or damaged by the erroneous, willful or negligent acts or omissions, including disregard of Federal, State, and local statutes or regulations, by Awardee, its officers, employees or subcontractors in the performance of this Agreement. C Any claims or losses arising from the award of HOME Funds, any reduction of the HOME Funds, any reduction of the HOME Fund award, any termination of the HOME Fund award, and any recapture of HOME Funds by HUD. D Any claims or losses arising from the failure of Awardee to comply with all applicable federal and state requirements, statutes, and laws. XII. NON-RECOURSE PROVISION Notwithstanding any of the foregoing provisions, it is expressly understood by the parties hereto that none of the partners, general or limited, of the Awardee shall have any personal liability, and the sole recourse of the City shall be the Project and assets of the Awardee. XIII. TIME OF PERFORMANCE 9 ki4/ Awardee shall commence Project activities included in Section I., Scope of Services, only after receipt of the City Notice to Proceed. Owner shall complete all activities included in Section I., Scope of Services, within two (2) years from the date the City issues the Notice to Proceed. XIV. TERM OF AGREEMENT This Agreement shall be in full force and effect from the date first written above and shall remain in force for the full period of affordability applicable to the Project assisted with HOME Funds under this Agreement. XV. AMENDMENT OR MODIFICATION THE PARTIES MAY AMEND OR MODIFY THIS AGREEMENT AT ANY TIME, PROVIDED THAT SUCH AMENDMENT(S) OR MODIFICATION(S) MAKE SPECIFIC REFERENCE TO THIS AGREEMENT, AND ARE EXECUTED IN WRITING BY A DULY AUTHORIZED REPRESENTATIVE OF BOTH PARTIES. SUCH AMENDMENT(S) OR MODIFICATION(S) SHALL NEITHER INVALIDATE THIS AGREEMENT, NOR RELIEVE OR RELEASE THE PARTIES FROM THEIR OBLIGATIONS UNDER THIS AGREEMENT. Continued: The parties hereto have caused this Agreement to be executed by their duly authorized officials on the day and date first above indicated. Date ABILITIES AT ST. ANDREWS COVE, INC., a Florida Corporation By Lisa Ciccolelli, Housing Director Date ATTEST: ,LreLw Federal ID Number: 50t -0 t4 4-9 3 DUNS Number: 0(4 ? , 0 act in Countersigned: CITY OF CLEARWATER, FLORIDA LO.W.4.„ 6. 146Advie-- William B. Horne II City Manager Date Federal ID Number: 59-6000-289 11 Legal Descriptio, Parcel 1: Unit No(s), P-5, P-15, R-11, S-1 and S-3 of St. An undivided interest in the common elements appurt Book 23, Page 83, all in accordance with and subj 4493, Page 1882, and all amendments thereto, all Parcel II: Unit No. W-2 of St. Andrews Cove II Condomini common elements appurtenant thereto, as shown in accordance with and subject to the Declaration o all amendments thereto, all of the Public Records o Exhibit "A" ews Cove 1 Condominium, a condominium, together with an t thereto, as shown on plat recorded in Condominium Plat to the Declaration of Condominium recorded in O.R. Book the Public Records of Pinellas County, Florida. 12 a condominium, together with an undivided interest in the plat recorded in Condominium Plat Book 24, Page 113, all Condominium recorded in O.R. Book 4553, Page 1661, and Pinellas County, Florida. Exhibit "A" Legal Description Parcel I: Unit No(s), P-5, P-15, R-11, S-1 and S-3 of St. Andrews Cove I Condominium, a condominium, together with an undivided interest in the common elements appurtenant thereto, as shown on plat recorded in Condominium Plat Book 23, Page 83, all in accordance with and subject to the Declaration of Condominium recorded in O.R. Book 4493, Page 1882, and all amendments thereto, all of the Public Records of Pinellas County, Florida. Parcel II: Unit No. W-2 of St. Andrews Cove II Condominium, a condominium, together with an undivided interest in the common elements appurtenant thereto, as shown on plat recorded in Condominium Plat Book 24, Page 113, all in accordance with and subject to the Declaration of Condominium recorded in O.R. Book 4553, Page 1661, and all amendments thereto, all of the Public Records of Pinellas County, Florida. Attachment B Proposed Project Timeline Activity & Completion Date Plans and Specs: 03/01/2018 Pre -construction Conference: 04/06/2018 Construction Begins; Construction 04/30/2018 Complete: Estimated date is 06/08/2018 Expenditure of Funds Completion Date $314,905.98 06/08/2018 13 Attachment B Proposed Project Timeline Activity Completion Date Plans and Specs: 3/1/2018 Pre -construction Conference: 4/6/2018 Construction Begins: 4/30/2018 Construction Complete: 5/30/2018 Expenditure of Funds Completion Date 13