Loading...
REAL PROPERTY DONATION AGREEMENT (4)REAL PROPERTY DONATION AGREEMENT ki, \\__ This REAL PROPERTY DONATION AGREEMENT ("Agreement") is made on this day of .Le- tunk -e, 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 two (2) parcels of real property (collectively, the "Properties"), commonly known as 1002 Lasalle Street, Clearwater, FL 33755 ("Parcel 1"), and 1011 LaSalle Street, Clearwater, FL 33755 ("Parcel 2"), more particularly described herein; 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 Properties for the construction of two homes for qualified families, and the City desires to donate the Properties 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 Properties for the purpose of constructing a Habitat home on each parcel to be used for affordable housing. 3. Parcel 1 is located at 1002 LaSalle Street (Pinellas County Property I.D. No. 10-29-15-65718-004- 0150) and is legally described as follows: Lot 15, Block D, Palm Park, according to the map or plat thereof, recorded in Plat Book 4, Page 86, of the Public Records of Hillsborough County, Florida of which Pinellas County was formerly a part 4. Parcel 2 is located at 1011 LaSalle Street (Pinellas County Property I.D. No. 10-29-15-33498-000- 0070) and is legally described as follows: GREENWOOD MANOR, South/: of Lot 6 and all of Lot 7, according to the map or plat thereof as recorded in Plat Book 21, Page 65, of the Public Records of Pinellas County, Florida Real Property Donation Agreement between the City of Clearwater and Habitat for Humanity of Pinellas County 1002 LaSalle St and 1011 LaSalle St 5. The parties agree the value of Parcel 1 is Fifteen Thousand Three Hundred Sixty -Six and 00/100 Dollars ($15,366.00) and the value of Parcel 2 is Thirty Thousand Seven Hundred Forty -One and 00/100 Dollars ($30,741.00) and that no monetary consideration is being received by the City in connection with said donation. 6. The City agrees to donate, convey and transfer to Habitat, all of the City's right, title and interest in and to the Properties subject to the terms, conditions and provisions hereof. The donation of the Properties 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 ten (10) below, Habitat shall forthwith, upon the request of the City, reconvey each parcel not in compliance with Paragraph ten (10) to the City via Special Warranty Deed. The City makes no warranties as to the marketability of title and donates the Properties in "as -is, where -is, with all faults" condition. 7. Habitat shall have, at its own expense, the right to conduct inspections and determine feasibility of accepting the donation of the Properties. For purposes of physical inspection of the Properties, the City grants Habitat, its agents and professionals engaged by such parties, the right to enter upon the Properties. Habitat shall not perform any inspections or tests requiring invasive methods without prior written consent of the City. 8. Habitat will pay all closing costs associated with the transfer of Properties, including but not limited to; settlement fees, title insurance, appraisal fees, taxes, and recording fees. 9. 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. 10. The Properties must be used by Habitat for the sole purpose of constructing a single-family home on each parcel 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 Properties 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 1002 LaSalle St and 1011 LaSalle St 600 Cleveland Street, Suite 600 Clearwater, FL 33755 If to Habitat: 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 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 1002 LaSalle St and 1011 LaSalle St IN WITNESS WHEREOF, the parties have duly executed this agreement the day and year first above written. Approved as to form: Laura Mahony Assistant City Attorney GU�fi.�s P5 OOra��s Print Name Real Property Donation Agreement between the City of Clearwater and Habitat for Humanity of Pinellas County 1002 LaSalle St and 1011 LaSalle St THE CITY OF CLEARWATER, FLORIDA By: —C(,eOf�1,tike CNoj George N. Cretekos, Mayor Attest: J-4140)takeL, Rosemarie CaII City Clerk HABITAT FOR HUMANITY OF PINELLAS COUNTY, INC.