REAL PROPERTY DONATION AGREEMENT (3)REAL PROPERTY DONATION AGREEMENT
„^, :2' This REAL PROPERTY DONATION AGREEMENT ("Agreement") is made on this ,j,day of
ki.t_r ;/7---/ vl , 2019, between the City of Clearwater (the "City"), a Florida municipal corporation whose
address is 600 Cleveland Street, Suite 600, Clearwater, FL 33755; 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 a parcel of real property, commonly known as 1304 North
Madison Avenue, Clearwater, FL 33755 ("Parcel A"); and
WHEREAS, the City is the owner of a parcel of real property, formerly used as right-of-way
vacated per city Ordinance 9327-19 ("Parcel B"); and
WHEREAS, Parcel A and Parcel B are to be combined to form a single developable tract of land,
more particularly described herein ("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 single-family 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 the Property for the purpose of constructing a Habitat home to be used for
affordable housing.
3. The Property is legally described as follows:
LOT 11 AND LOT 12 LESS THE SOUTH 20.00' FEET, BLOCK G,
FAIRMONT SUBDIVISION, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 9, PAGE 85, PUBLIC RECORDS OF PINELLAS
COUNTY, FLORIDA.
4. The parties agree the value of the Property is Forty -Two Thousand Seven Hundred and 00/100
Dollars ($42,700.00) and that no monetary consideration is being received by the City in
connection with said donation.
Real Property Donation Agreement between the
City of Clearwater and Habitat for Humanity of
Pinellas County, Inc. —1304 N Madison Ave.
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 by Special Warranty Deed. The
Special Warranty Deed shall contain a reverter clause providing that in the event Habitat has not
commenced and/or completed construction of the improvements within the timeframe(s)
specified in paragraph nine (9) below, Habitat shall 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, where -is, with all faults"
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. Upon the closing of this transaction, the City shall retain a utility easement over Parcel B legally
described as follows:
The North 10' of the South 30' of Lot 12, Block G, Fairmont
Subdivision, as recorded in Plat Book 9, Page 85 of the Public Records
of Pinellas County, Florida.
10. 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 eighty percent (80%)
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. The City retains the
unilateral discretion to extend the above timeframes as it determines appropriate.
11. 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
One Clearwater Tower
Real Property Donation Agreement between the
City of Clearwater and Habitat for Humanity of
Pinellas County, Inc. —1304 N Madison Ave.
If to Habitat:
600 Cleveland Street, Suite 600
Clearwater, FL 33755
Habitat for Humanity of Pinellas County, Inc.
c/o Michael Sutton, CEO
13355 49th Street N.
Clearwater, FL 33762
12. This Agreement may not be assigned by Habitat without the express written consent of the City,
which consent shall be in the City's sole discretion.
13. This Agreement, together with any exhibit(s) attached hereto, constitutes the entire Agreement
between the parties and no representation, warranty, promise or inducement not expressly
included in the Agreement shall be binding upon any party hereto, their legal representative,
successors and assigns.
14. The "Effective Date" of this Agreement shall be the date on which both parties have executed
this Agreement.
The Remainder of This Page Intentionally Left Blank
Real Property Donation Agreement between the
City of Clearwater and Habitat for Humanity of
Pinellas County, Inc. —1304 N Madison Ave.
IN WITNESS WHEREOF, the parties have duly executed this agreement the day and year first above
written.
Approved as to form:
Cral(M..(-)14-41471
Laura Mahony
Assistant City Attorney
THE CITY OF CLEARWATER, FLORIDA
--cteo rler\crG\,ltos
By:
George N. Cretekos, Mayor
Attest:
Rosemarie CaII
City Clerk
HABITAT FOR HUMANITY OF PINELLAS
COUNTY, INC.
Print Name
CCUAA40 CDAZICQ-
Print Name
Real Property Donation Agreement between the
City of Clearwater and Habitat for Humanity of
Pinellas County, Inc. —1304 N Madison Ave.
Michael Sutton, CEO