REAL PROPERTY DONATION AGREEMENTREAL PROPERTY DONATION AGREEMENT
This REAL PROPERTY DONATION AGREEMENT ("Agreement") is made on this day of
pc.41405"" , 2019, between the City of Clearwater (the "City"), a Florida municipal corporation whose
address is 600 Cleveland Street, Suite 600, Clearwater, FL 33755; and Emerge Community Economic
Development Corporation ("Emerge"), a Florida not for profit corporation whose address is 2314 30tH
Street South, St. Petersburg, FL 33712.
RECITALS:
WHEREAS, the City is the owner of a parcel of real property, commonly known as 912 Nicholson
Street, Clearwater, FL 33755 ("Property"); and
WHEREAS, Emerge is a not for profit corporation within the State of Florida established for the
purpose of improving economic conditions in low- to moderate -income communities including
constructing homes for families in need of affordable housing; and
WHEREAS, Emerge 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 single-family home to be used for
affordable housing.
3. The Property (Pinellas County Property I.D. No. 10-29-15-69138-002-0070) is legally described as
follows:
Lot 7, Block 2, PINE CREST, together with that 1/2 of the vacated alley
adjacent to the North, according to the map of plat thereof as
recorded in Plat Book 1, Page 66, Public Records of Pinellas County,
Florida.
4. The parties agree the value of the Property is Twenty-six Thousand and 00/100 Dollars
($26,000.00) and that no monetary consideration is being received by the City in connection
with said donation.
5. The City agrees to donate, convey and transfer to Emerge, 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 Emerge has
not commenced and/or completed construction of the improvements within the timeframe(s)
Real Property Donation Agreement between
the City of Clearwater and Emerge Community
Development Corporation — 912 Nicholson St.
specified in paragraph nine (9) below, Emerge 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. Emerge 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 Emerge, its agents and professionals engaged by such parties, the right to enter
upon the Property. Emerge shall not perform any inspections or tests requiring invasive
methods without prior written consent of the City.
7. Emerge 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. Emerge 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 Emerge to cure, or accept as exceptions to the title policy.
9. The Property must be used by Emerge for the sole purpose of constructing a single-family home
to be sold to a household whose total household income does not exceed one hundred twenty
percent (120%) of Area Median Income, adjusted for household size, as published by the United
States Department of Housing and Urban Development for Pinellas County. Emerge agrees to
commence construction of certain improvements on the Property within twelve (12) months of
the date of this Agreement. Emerge 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.
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
One Clearwater Tower
600 Cleveland Street, Suite 600
Clearwater, FL 33755
If to Emerge:
Emerge Community Economic Development Corporation
c/o Brian Taylor, CEO
2314 30th Street South
St. Petersburg, FL 33712
11. This Agreement may not be assigned by Emerge without the express written consent of the City,
which consent shall be in the City's sole discretion.
Real Property Donation Agreement between
the City of Clearwater and Emerge Community
Development Corporation — 912 Nicholson St.
12. 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.
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 Mahony
Assistant City Attorney
Attest.
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Print Name
Print Name
Real Property Donation Agreement between
the City of Clearwater and Emerge Community
Development Corporation — 912 Nicholson St.
THE CITY OF CLEARWATER, FLORIDA
By: —Ct049f ter\ Crtktko0j
George N. Cretekos, Mayor
Attest:
Rosemarie CaII
City Clerk
EMERGE COMMUNITY DEVELOPMENT
CORPORATION