NEIGHBORHOOD STABILIZATION PROGRAM III - SINGLE FAMILY DETACHED RESIDENTIAL STRUCTURES FOR SALE NEIGHBORHOOD STABILIZATION PROGRAM III
SINGLE FAMILY DETACHED RESIDENTIAL STRUCTURE FOR-SALE
AGREEMENT BETWEEN
THE CITY OF CLEARWATER (City)
AND
HABITAT FOR HUMANITY OF PINELLAS COUNTY, INC. (Developer)
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THIS AGREEMENT is entered this day of N.)(1. , 2021 by and between the City of Clearwater,
Florida (herein called "City") and Habitat for Humanity of Pinellas County, Inc. (herein called "Developer").
WHEREAS, the City has been awarded funds from the United States Department of Housing and Urban
Development (HUD) under the Wall Street Reform and Consumer Protection Act of 2012 (Section 1497 of Public
Law 111-203), supplementing the original Neighborhood Stabilization Program 1 under the Housing and
Economic Recovery Act of 2008 Public Law 110-289 as amended, which is referred to herein as "NSP3;" and
WHEREAS, the City wishes to engage the Developer to assist the City in using a portion of the NSP3 Program
Income in accordance with applicable notices, regulations and guidance from HUD to construct a single family
home for a homebuyer whose income is 50% or less of the area median income;
NOW, THEREFORE, it is agreed between the parties hereto that;
I. SCOPE OF SERVICE
Developer will be responsible for carrying out NSP3 development activities in a manner reasonably
satisfactory to the City and consistent with all standards required as a condition of providing these funds.
A. Developer Responsibilities
1. Developer will carry out the Project activities in compliance with the regulations, policies, procedures
and other requirements of NSP3, and any Program Guidelines established now or in the future by the
City, and which are incorporated herein by reference. See Exhibit E for Statement of Assurances.
2. It is incumbent and expected that the Developer will disclose all identity of interest and/or related
party relationships prior to the execution of this agreement. City reserves the right to review any
identity interests and/or related party relationships disclosed by the Developer, and/or perceived by
the City at any time during this agreement. The City also reserves the right to take any actions as
may be deemed necessary to address cost reasonableness issues that may arise as a result of all
identity of interest and or related party relationships.
3. The property for development has a completed and approved Environmental Review.
4. The scope of work and overall project budget is described in Exhibit B. Developer is responsible for
providing these deliverables within the time periods and for the budgets described therein. The total
use of NSP3 funds provided under this agreement may not exceed the total amount of NSP3 funds
indicated in Exhibit B and in Section III A of this agreement.
5. A copy of the detailed new construction plans, material specifications and cost estimates must be
provided by Developer to the City for review and approval, and will be included in this agreement, by
reference. Developer shall complete all work according to these specifications and plans, and in
compliance with all applicable codes and standards at the time of, including the following: must meet
all applicable local codes and zoning ordinances at the time of Project completion, which ensure that
the housing is decent, safe, and sanitary. In the absence of a local code for new construction, the unit
must meet, as applicable, one of three model codes: Uniform Building Code (ICBG), National Building
NSP Single Family For-sale Developer Agreement with Habitat for Humanity of Pinellas County, Inc.
Code, (BOCA) Standard Building Code(SBCCI); or the Council of American Building Officials(CABO)
one or two family code; or the Minimum Property Standards (MPS) in 24 CFR 200.925 or 200.926.
Newly constructed housing must meet the current edition of the Model Energy Code published by the
Council of American Building Officials and the minimum general building and energy efficiency
requirements of the NSP3 program, as well as all other related federal requirements, including the
lead-based paint regulations found at 24 CFR, Part 35.
6. Developer is responsible for managing the construction process, and for ensuring that all work is
completed using good workmanship, and that all contractors and subcontractors follow the
requirements as outlined in this agreement and complete work in a timely and efficient manner. Work
sites shall be maintained in a clean condition and secured as necessary. City takes no responsibility
for losses incurred by developer or contractors associated with NSP3 projects. City may conduct
inspections of the work at any time to ensure that it meets standards, and is progressing according
to schedule.
7. Developer is responsible for securing all applicable equipment and appliance manufacturer
warranties from contractors and shall require in the construction contract a 12-month warranty on all
labor and materials for completed work. All buyer claims exclude City.
8. Developer is responsible for ensuring that project specifications are clear and for managing the
construction process effectively in order to reduce the necessity for change orders.
When necessary, developer shall secure written change orders for any and all changes to
construction contracts outlining any adjustments to the amount of the contract, the scope of work,
and/or the time of completion. These change orders shall be signed by all parties to the construction
contract prior to commencing execution of the amended work plan. The revised construction scope
of work and budget must remain in compliance with this agreement between the Developer and the
City. If the construction change order will bring the project out of compliance with this agreement,
then the Developer will need to obtain approval of an amendment to the Developer Agreement from
the City prior to obtaining approval of the change order request to the construction contract.
9. Developer shall maintain workers compensation insurance, commercial comprehensive liability
insurance, and automobile liability insurance as described below, and hazard insurance on the
property, and shall require each contractor to maintain the following:
a. Proof of workers compensation insurance for general contractor&all subcontractors, as required
by State law.
b. Proof of builders risk insurance for 100% of the contract price.
c. Proof of commercial comprehensive general liability insurance for contractors ($1,000,000 for
each occurrence and for bodily injury & $2,000,000 for products/completed operations and
general aggregate). City to be listed as Other Insured on policy.
d. Proof of automobile liability insurance ($1,000,000 Bodily Injury and Property Damage)
10. Developer will create and submit a detailed budget and sales price analysis for the unit utilizing the
template provided by City. This detailed budget and analysis template has been approved by City
and is included as Exhibit C. This exhibit describes the detailed budget for development, and all other
costs associated with the unit. It also provides an analysis of the sales price and affordability of the
unit. This and the specifications, plans, and cost estimates described above are the basis for the
scope of work and budget found in Exhibit B.
11. Developer's expenditures for program delivery will be limited to inspection services.
a. All NSP3 funds through this agreement are to be expended for the vertical construction of the
unit. The net proceeds of sales shall be retained in the transaction as a "buyer affordability
subsidy" by the City upon the sale of the completed house to an eligible buyer.
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NSP Single Family For-sale Developer Agreement with Habitat for Humanity of Pinellas County, Inc.
b. Designated target areas: Developer may carry out development activities only in the following
NSP3 North Greenwood Target Areas and located in Census Tracts 261 and 262.
c. Allowed amount of down payment assistance and required homebuyer contribution: NSP3 funds
may be used to pay for up to 50% of the minimum required down payment for the 1st mortgage,
and may pay for any associated closing costs. The homebuyer is responsible for paying the
remaining 50% of the required down payment.
d. Development subsidy: Upon completion of the NSP3-assisted house, Developer shall determine
the amount of the "development subsidy" which is calculated by the difference between the sales
price, as determined above, and the total NSP3 and non-NSP3 funds used to develop the
property. To preserve the affordability of the unit, the development subsidy may be retained as a
buyer affordability subsidy. Other limits on expenditures: Other construction costs described in
Exhibit C are not subject to per-unit cost limits on a line-item basis, but must be reasonable and
ordinary costs of development and, in the aggregate, must conform to the per-unit cost limits and
average costs described elsewhere in this document.
e. Documenting expenditures: Developer will document the total NSP3 expenditures for the unit by
means of assigning an accounting code for NSP3-funded or reimbursed expenses the property
and another accounting code, if applicable, for non-NSP3 funded expenditures (if any). Prior to
drawing any NSP3 funds from City, Developer must provide City with a copy of the accounting
templates that they will utilize for this task. At the time of the sale of an NSP3-assisted home,
Developer will provide City with a complete accounting of NSP3 expenditures for that unit and
non-NSP3 expenditures, if any. The separate accounting of NSP3 and other funds used is
required for establishing the maximum allowed sale price and will provide necessary financial
data on NSP3-funded expenditures in the event of a HUD audit of program activities. Failure to
provide accounting of expenditures information in a timely manner will result in withholding of
balance due Developer.
f. Developer will also account for expenditures by provision of invoices from the contractor(s) for
work done on the unit funded through this agreement, and will be field verified by the City based
upon an inspection of progress and completion at the site. The City will expect for all requests for
payment to be in writing and accompanied by invoices from the contractor(s), along with lien
waivers.
g. Maximum sale price: The sale price may not exceed the after-construction market value of the
unit as determined by an as improved appraisal, or the total amount of NSP3 and non-NSP3
expenditures, whichever is less. If the total amount of NSP3 expenditures is used to determine
sales price, then the costs of boarding up and maintaining the property while it is in a static
condition must be excluded from the sales price.
h. Establishment of a lien in favor of City: Prior to the expenditure of NSP3 funds under this
agreement, Developer will execute a developer mortgage and promissory note in favor of City
against the Project for the initial amount of $50,000. A copy of the developer mortgage and
promissory note to be used is included as Exhibit D. Upon sale of an NSP3-funded home and
release of the City developer mortgage and note, Developer will cause a NSP eligible homebuyer
to execute a Land Use Restriction Agreement for the property.
i. Developer is responsible for referring income eligible prospective homebuyers to HUD approved
homebuyer counseling agencies for a minimum of 8 hours of required homebuyer counseling in
order to meet Program Guidelines prior to the purchase of an NSP3 funded home. Developer
shall also ensure that the homebuyer possess a certificate of completion of the HUD mandated
pre-purchase counseling and homebuyer education requirements.
j. Developer will ensure that the homebuyer is provided with a homebuyer disclosure, which shall
be signed by the buyer acknowledging that Developer explained the requirements of the funding
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NSP Single Family For-sale Developer Agreement with Habitat for Humanity of Pinellas County, Inc.
including but not limited to long term affordability, occupancy as principal residence, and recapture
of subsidy.
k. NSP3-assisted unit must be sold only to an-income-qualified household in the category described
below. This is necessary to meet the developer's responsibilities regarding the overall NSP3
income limitations and very-low income set aside requirements:
Income category
Households at or below 50% of the area median income
AMI % Household Size
City of 1 2 3 4 5 6 7 8
Clearwater
50% $25,850 $29,550 $33,250 $36,900 $39,900 $42,850 $45,800 $48,750
I. Developer will verify the buyer's income using NSP income certification guidelines according to
the Part 5 (Section 8) standard at occupancy.
m. At sale of unit, Developer shall produce a "Homeowners' Resource Book." This Resource Book
will be presented to the homebuyer at final punch list walk through of the unit and shall contain:
i. Warranties for all major unit systems
ii. Contact information for Developer and/or general contractor to address warranty items
iii. Schedule and Guide for Preventative Maintenance
Contact Information for public services and homeownership resources.
n. Developer will submit the following documentation to the City as conditions precedent to closing
on the loan:
a) Proof of ownership of the property.
b) Title Insurance: Within thirty (30) days of the effective date hereof, Developer shall deliver to
City a title commitment issued by a title insurance company qualified to do business in the
State of Florida and acceptable to City, agreeing to issue to City upon recording of the
Mortgage a Lender's Title Insurance Policy in the amount of said Mortgage, subject only to
applicable Permitted Exceptions.
c) Mortgage and promissory note acceptable to the City and duly authorized, executed and
delivered to the City.
d) A current certified survey prepared by a surveyor acceptable to the City of the property
showing the location, setbacks, encroachments, easements, right of ways, flood zone
certification, street lines, and other required sections.
e) Proof of public requirements such as letters from utility companies, consistency with zoning,
necessary roads, soil test reports, etc.
f) Flood insurance if applicable.
g) Opinion of Developer's counsel that Loan and other documents have been authorized,
executed and are enforceable; the company is a Florida corporation in good standing; that
there are no pending or threatened litigation that could affect the financial condition of the
Developer; and that the security interest described in the Mortgage is a valid lien on the
property and the security interest is good and valid.
h) HUD1 Settlement statement signed by Developer and City.
i) Proof of ownership interest.
j) Wiring instructions for a title company approved by the City.
k) Environmental review
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NSP Single Family For-sale Developer Agreement with Habitat for Humanity of Pinellas County, Inc.
I) Such additional documents as the City or its counsel may require to fulfill the terms and
conditions of this agreement and to ensure that the City's lien is a valid lien.
B. City Responsibilities
City is responsible for the following tasks and deliverables.
1. Monitoring all program activities of Developer to assure compliance with the terms of this Agreement,
including all NSP3 requirements.
2. Managing all draws of NSP3 funds from HUD and paying valid and properly documented draw
requests from Developer. Processing requests for disbursements of NSP3 funds, including necessary
construction inspections, in a timely manner; City will clearly and promptly describe any deficiencies
identified by City that prevent a disbursement or portion of a disbursement from being approved.
Upon the request of Developer, City must promptly itemize and describe such deficiencies in writing.
3. Ensuring that information required by NSP3 is reported in the Disaster Recovery Grant Reporting
(DRGR) system in a timely manner. City must comply with the NSP3 performance reporting
requirements and with any additional reporting requirements announced by HUD at any time during
the duration of this agreement. Developer may be asked to provide information to City for this
purpose.
4. Program income: Any net sales proceeds received from the sale of the NSP assisted unit under this
agreement shall be considered program income in accordance with the CDBG regulations at 24 CFR
570.500. Program income is defined as the income generated from the use of CDBG funds that is
received by the City. This definition applies to the NSP program, unless specifically noted
elsewhere. If NSP3 funds are combined with other sources of public and private financing under
this agreement and net sales proceeds are generated, the calculation of the amount of program
income due to the City shall be pro-rated based on the NSP3 share of the total costs. For example,
if NSP3 funds comprise 25% of the total funds for a house then 25% of the net sales proceeds
would be attributed to NSP as program income.
5. The City shall be the sole determinant of how program income proceeds will be used.
6. Upon sale of the NSP3-funded home, City will release the mortgage and note with issuing a
satisfaction of mortgage for that property at the closing on the property.
7. Conducting a cost reasonableness review upon Developer's submission of a detailed development
and construction budget for the house in the Project to ensure that construction and other
development costs are reasonable and within the range for similar costs in the market and that
Developer is not unduly enriched.
8. Conducting construction inspections through its internal staff or approved third party professionals to
verify the completion of work being invoiced by Developer.
C. Developer Staffing
Any changes in the key personnel assigned or their general responsibilities under this project are subject
to the prior approval of the City.
D. Performance Monitoring
The City will monitor the performance of the Developer based upon goals and performance standards as
stated in this agreement along with all other applicable federal, state and local laws, regulations, and
policies governing the funds provided under this contract. Substandard performance on behalf of the
Developer includes, but is not limited to, failure to respond in a timely manner to City requests for
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NSP Single Family For-sale Developer Agreement with Habitat for Humanity of Pinellas County, Inc.
information or corrective actions, work not being performed as per plans and specifications, unsafe job
site conditions, work that is proceeding more than 30 days behind the approved schedule, or other
breaches of this Agreement. Any substandard Performance will constitute noncompliance and a breach
with the terms of this Agreement. If corrective action is not taken by the Developer within 10 business
days from the date of City's request for information or corrective actions, the Developer will be considered
non-responsive, and in breach of this agreement, and necessary action will be taken by City, up to and
including suspension or termination of this agreement.
Developer agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office,
the City, or the City's internal auditor(s) access to all records related to performance of activities in this
agreement.
E. Progress Reports and Other Reports
Developer hereby agrees to provide in a timely manner all necessary progress reports and other reports
required by City on forms to be provided by City.
II. TIME OF PERFORMANCE
A. Start and Completion Dates
Services of the Developer shall start on the date this agreement is signed by all parties and end on the
12/31/2021 with all NSP3 funds allocated having been expended and the house sold, unless City at its
sole discretion approves a later completion date. All funds must be expended by 12/31/2021.
Construction of the house must be complete by 12/31/2021. The house must be completed and occupied
by 12/31/21. Attached in Exhibit F is the project draw schedule template for completion by Developer and
City approval upon the signing of the primary construction/rehabilitation contract for the project. In the
event the project budget timetable stated in this paragraph is not met, then Developer understands that
the total NSP3 project grant funds may not be available to fund the work to be performed by Developer
pursuant to this agreement.
III. BUDGET
A. Funding Allocation
The total amount of NSP3 funding allocated to Developer is an initial loan of Fifty Thousand dollars
($50,000.00) in the form of a construction loan. This amount represents an allocation of the City's NSP3
funding contingent upon Developer's performance, and is the total of the budget for the unit
B. Budget Details
A detailed budget analysis for the unit is included in Exhibit C. In addition, the City may reasonably require
more detailed or different budget breakdowns than the one contained herein and the Developer shall
provide such supplementary budget information in a timely fashion in the form and content prescribed by
the City.
C. Repayment
Since this is a loan for development of the unit, NSP3 funding may be retained in the transaction as a
"buyer affordability subsidy".
D. Recapture and Reallocation of Developer's Allocation of NSP3 Funds
If this agreement is terminated or if the agreement expires, then all unspent NSP3 funds will be recaptured
and reallocated. In this case, all eligible costs previously expended by the Developer in conformance with
the terms of this agreement will be paid upon the timely submission (within 30 days of termination or
expiration of agreement) of an invoice and other required documentation and receipts for these costs.
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NSP Single Family For-sale Developer Agreement with Habitat for Humanity of Pinellas County, Inc.
City may, at its sole discretion, grant, in writing, a brief extension of the agreement deadline based upon
extenuating circumstances and compelling evidence that the unit will be completed and funds expended
during the extended period.
IV. PAYMENT
A. It is expressly agreed and understood that the total amount of NSP3 funds to be paid by the City to the
Developer under this Agreement shall not exceed the amount described in Section III A herein. Requests
for the payment of eligible expenses shall be associated with the completed budget line items in Exhibit
C, according to the draw schedule in Exhibit F, and in accordance with satisfactory workmanship and
performance.
B. Project expenses shall be paid based on submitted invoices or receipts for actual expenses incurred or
paid. All such expenses shall be in conformance to the approved project budget. Budget revision and
approval shall be required prior to payment of any expenses not conforming to the approved project
budget.
C. Requests for payment must be submitted by Developer on forms specified by City, (Exhibit G with
adequate and proper documentation of eligible costs incurred in compliance with NSP3 and CDBG rules.
Developer agrees to submit requests for payment in a timely manner in the form and times directed by
City.
D. City will pay to Developer funds available under this Agreement based upon information submitted by
Developer and consistent with any approved budget and City policy concerning payments. Payments will
be made for eligible NSP3 related expenses actually incurred by Developer, and will not exceed actual
cash requirements. Payments will be adjusted by City in accordance with advance fund and program
income balances available in Developer accounts. In addition, City reserves the right to liquidate funds
available under this contract for costs incurred by City on behalf of Developer.
E. Funds will be drawn through the DRGR system, following the City entering of the appropriate project data
into the system, and make payment to the Developer upon receipt of the Developer's complete and
properly submitted requests for payment for activities under this agreement. The time period from the
proper submission of an invoice and all required back-up documentation and receiving payment will
typically be 30 days.
F. The NSP3 funds advanced to Developer for the project will be secured by a note and mortgage on the
property by the City, which shall be released upon sale to an eligible buyer. Upon sale and release of
Developer mortgage and note, the property will be secured by a new subordinate mortgage and note for
any affordability subsidy (soft second mortgage) to the buyer as well as a restrictive covenant for the
affordability period. The developer will be entitled to a 12% developer fee.
G. City reserves the right to inspect records and project site to determine that reimbursement and
compensation requests are reasonable. City also reserves the right to hold payment until adequate
documentation has been provided and reviewed.
H. Developer may submit a final invoice upon completion. Final payment shall be made after City has
determined that all services have been rendered, files and documentation delivered, and the unit has
been placed in service in full compliance with NSP3 regulations, including submission of a completion
report and documentation of eligible occupancy, property standards and long-term use restrictions. City
will issue a substantial completion form signed by the contractor's representative, the architect, the
developer, and a City representative prior to final payment.
I. Developer may request reimbursement for payments made under this agreement for construction
materials purchased and stored on the property or in a bonded warehouse provided that such materials
are securely stored, properly inventoried, and clearly stenciled or otherwise marked to indicate that they
are the property of Developer, and provided that the City shall have received, reviewed, and approved
documentation from Developer evidencing that for the development period.
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NSP Single Family For-sale Developer Agreement with Habitat for Humanity of Pinellas County, Inc.
V. NOTICES
Notices required by this Agreement shall be in writing and delivered email, commercial courier, or
personal delivery. Any notice sent as aforesaid shall be effective on the date of sending. All notices and
other written communications under this Agreement shall be addressed to the individuals in the capacities
indicated below, unless otherwise modified by subsequent written notice.
VI. REPORTING, MONITORING, AND ACCESS TO RECORDS
A. Developer agrees to submit any and all reports required by HUD or City.
B. Developer shall collect and maintain Project beneficiary information pertaining to household size, income
levels, racial characteristics, and the presence of Female Headed Households in order to determine low
and moderate-income benefit in a cumulative and individual manner. Income documentation shall be in
a form consistent with NSP3 requirements. Developer will provide City with all required information. City
will maintain the information in its database.
C. Developer agrees to provide City access to records and project at any time during project implementation
or for five years after project closeout for purposes of verifying compliance with NSP3 requirements and
this agreement. Access shall be immediately granted to City, HUD, the Comptroller General of the United
States, or any of their duly authorized representatives to any books, documents, papers, and records of
Developer or its contractors which are directly pertinent to that specific contract for the purpose of making
audit, examination, excerpts, and transcriptions.
D. City reserves the right to audit the records of Developer any time during the performance of this
Agreement and for a period of five years after final payment is made under this Agreement. If required
by A-133 (non-profit entities that expend $750,000 or more in a year in Federal awards shall have a
single or program-specific audit conducted for that year), developer will provide Agency with a certified
audit of Developer's records representing the Fiscal Year during which the project becomes complete.
E. Project Closeout — Developer's obligation to City shall not end until all close-out requirements are
completed. Activities during this close-out period shall include, but are not limited to: making final
payments, accounting for use of funds, and submittal of all reports and records required by City.
VII. FEDERAL PROVISIONS
A. Remedies for breach of contract & Termination for cause and for convenience
In accordance with 24 CFR 85.43, suspension or termination may occur if Developer materially fails to
comply with any term of the award. The award may be terminated in accordance with 24 CFR 85.44.
1. If Developer fails in any manner to fully perform and carry out any of the terms, covenants, and
conditions of the agreement, or if Developer refuses or fails to proceed with the work with such
diligence as will ensure its completion within the time fixed by the schedule set forth in this agreement,
Developer shall be in default and notice in writing shall be given to Developer of such default by City
or an agent of City. If Developer fails to cure such default within such time as may be required by
such notice, City may at its option terminate and cancel the contract.
a. In the event of such termination, all funds awarded to Developer pursuant to this agreement shall
be immediately revoked and any approvals related to the project shall immediately be deemed
revoked and canceled. In such event, Developer will no longer be entitled to receive any
compensation for work undertaken after the date of the termination of this agreement, as the grant
funds will no longer be available for this project.
b. In such event, Developer shall be entitled to receive just and equitable compensation for any work
satisfactorily completed hereunder to the date of said termination.
c. Notwithstanding the above, Developer shall not be relieved of liability to the City for damages
sustained by City by virtue of any breach of the contract by Developer and City may withhold any
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NSP Single Family For-sale Developer Agreement with Habitat for Humanity of Pinellas County, Inc.
payments to Developer for the purpose of setoff until such time as the exact amount of damages
due City from Developer is determined whether by court of competent jurisdiction or otherwise.
d. Neither City or Developer shall be liable to the other for failure to perform its obligations hereunder
if such failure is caused by or results from causes beyond its control, including Acts of God
(including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of
foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution,
insurrection, military or usurped power or confiscation, terrorist activities, nationalization;
compliance with any regulation, order, or required government sanction; an inability to secure the
necessary personnel (because of strike or lockout); or an inability to obtain or transport necessary
material on the open market.
e. If a party asserts Force Majeure as an excuse for failure to perform the party's obligation, then
the nonperforming party must prove that the party took reasonable steps to minimize delay or
damages caused by foreseeable events, that the party substantially fulfilled all non-excused
obligations, and that the other party was timely notified of the likelihood or actual occurrence of
an event (Force Majeure).
f. Such termination shall not affect or terminate any of the rights of City as against Developer then
existing, or which may thereafter accrue because of such default, and the foregoing provision
shall be in addition to all other rights and remedies available to City under the law and the note
and mortgage (if in effect), including but not limited to compelling Developer to complete the
project in accordance with the terms of this agreement, in a court of equity.
g. The waiver of a breach of any term, covenant or condition hereof shall not operate as a waiver of
any subsequent breach of the same or any other term, covenant, or condition hereof.
h. It is acknowledged that Developer's failure to achieve substantial completion of the Work within
the Time of Performance provided by this Agreement will cause City to incur substantial economic
damages and losses. If Developer does not satisfactorily complete the house within the
timeframes described in this Agreement, then City, at its sole discretion, will pursue one or more
of the following options:
i. City may continue to hold Developer responsible to complete the construction of the house
for a specified period of time. City may require Developer to complete the housing unit or
forfeit or return any and all subsidies allocable to those unit. For housing unit on which
construction has started, but which have not been completed to the point where they are
eligible for a certificate of occupancy, City may require Developer to complete the house.
ii. City may take over ownership and control of the property from the developer, with a 30 day
notice. This Agreement confers that right upon City if the house is not completed within the
agreed upon time-frames. If City exercises this option, Developer shall forfeit any fee or profit
associated with any uncompleted and/or unsold unit and to forfeit or return any and all
subsidies allocable to the uncompleted portion of work. Calculation of any subsidies to be
returned or forfeited will be made based upon work not completed at the expiration of the 30
days provided in the notice.
i. Developer is responsible for selling the unit according to the schedule as outlined in Exhibit F. If
the unit is not sold as required herein, the Developer shall continue to market the unit.
j. The Developer is prohibited from renting, leasing or lease-purchase of unit under this agreement
as these activities will not assist the City in meeting the NSP3 national objective of the sale of unit
for which funding was approved and disbursed under this agreement.
k. Construction of the house must be complete by December 31, 2021.
B. Contracting, Labor & Hiring Provisions
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NSP Single Family For-sale Developer Agreement with Habitat for Humanity of Pinellas County, Inc.
During the performance of this contract, Developer agrees as follows:
1. Developer will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, or national origin(s). Developer will take affirmative action to ensure the applicants
are employed, and that employees are treated during employment, without regard to their race, color,
religion, sex or national origin(s). Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. Developer agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting officer of City setting forth the
provisions of this nondiscrimination clause.
2. Developer will, in all solicitations or advertisements for employees placed by or on behalf of
Developer, state that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex, or national origin.
3. Developer will comply with all provisions of Executive Order 11246 of September 24, 1965, and of
the rules, regulations, and relevant orders of the Secretary of Labor.
4. Developer will furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to its books, records, and accounts by the agency and the Secretary of Labor
for purposes of investigation to ascertain compliance with such rules, regulations, and order.
In the event Developer is found to be in noncompliance with the nondiscrimination clauses of this
contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or
suspended in whole or in part and Developer may be declared ineligible for further Government
contracts in accordance with procedures authorized in Executive Order 11246 of September 24,
1965, and such other sanctions may be imposed and remedies invoked as provided in Executive
Order 11246 of September 24, 1965 or by rule, regulations, or order of the Secretary of Labor or as
otherwise provided by law.
5. Developer shall conduct all contracting and purchases with NSP3 funds to ensure that materials and
services are obtained in a cost-effective manner.
6. Developer will include the provisions of this Section in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204
of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. Developer agrees to comply with the non-discrimination in employment
and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607,
as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109
of the HCDA are still applicable.
7. Developer agrees to comply with the provisions of Contract Work Hours and Safety Standards Act
(40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations
pertaining to labor standards insofar as those acts apply to the performance of this Agreement.
8. Developer agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and it's
implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. Developer shall maintain
documentation that demonstrates compliance with hour and wage requirements of this part. Such
documentation shall be made available to City for review upon request.
9. Developer will use its best efforts to afford small businesses, minority business enterprises, and
women's business enterprises the maximum practicable opportunity to participate in the performance
of this contract. As used in this contract, the terms "small business" means a business that meets the
criteria set forth in Section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority
and women's business enterprise" means a business at least fifty-one (51) percent owned and
controlled by minority group developers or women. Developer may rely on written representations by
10
NSP Single Family For-sale Developer Agreement with Habitat for Humanity of Pinellas County, Inc.
businesses regarding their status as minority and women-owned business enterprises in lieu of an
independent investigation.
10. Compliance with the provisions of Section 3 of the Housing and Urban Development Act of 1968, as
amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules
and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal
financial assistance provided under this contract and binding upon City, Developer and any of
Developer's contractors and subcontractors. Developer agrees to abide by these provisions.
11. Compliance with the NSP3 vicinity hiring requirements. To comply with both Section 3 and Vicinity
Hiring Preference requirements, Developer will give first preference to: hiring low-income
residents and contracting with Section 3 business concerns in the NSP3 target area. If there
are not enough low-income residents or Section 3 business concerns in the target area, then
the grantee can look to hire/contract with qualified residents and businesses from the Section
3 priority areas. The Section 3 priority areas are: first, residents of the neighborhood or service
area; second, HUD Youthbuild participants; and third, other residents of the metropolitan
area or non-metropolitan county.
C. Other Federal Provisions
Developer covenants and warrants that it will comply with all applicable laws, ordinances, codes, rules
and regulations of the state, local and federal governments, and all amendments thereto.
1. Environmental review — All NSP3 assistance is subject to the National Environmental Policy Act of
1969 and related federal environmental authorities and regulations at 24 CFR Part 58.
Developer will not undertake or commit any funds to physical or choice-limiting actions, including
property acquisition, demolition, movement, rehabilitation, conversion, repair or construction prior to
the Tier II environmental clearance, and must indicate that the violation of this provision may result in
the denial of any funds under the agreement until Tier II Clearance has been achieved.
2. Flood Disaster Protection — In accordance with the requirements of the Flood Disaster Protection Act
of 1973 (42 U.S.C. 4001), Developer shall assure that for activities located in an area identified by
the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood
insurance under the National Flood Insurance Program is obtained and maintained as a condition of
financial assistance for acquisition or construction purposes (including rehabilitation.)
3. Historic Preservation — Developer agrees to comply with the Historic Preservation requirements set
forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the
procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for
Protection of Historic Properties, insofar as they apply to the performance of this agreement.
4. Relocation — Developer agrees to comply with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part
24; 24 CFR Part 42 — Displacement, Relocation Assistance and Real Property Acquisition for HUD
and HUD Assisted Programs; and 24 CFR 570.606 — Displacement, relocation acquisition, and
replacement of housing, as may be amended by the NSP NOFA. Developer also agrees to comply
with applicable City or local ordinances, resolutions and policies concerning the displacement of
persons.
a. To meet these requirements, the owner of record must be notified in writing that Federal financial
assistance will be used in the transaction and that if agreement cannot be reached through
negotiation, that the acquisition will not take place. There are specific URA voluntary acquisition
requirements that must be met depending on whether or not the buyer has the power of eminent
domain and will not use it(see 49 CFR 24.101(b)(1)(i)-(iv)) or if the buyer does not have the power
of eminent domain (see 49 CFR 24.101(b)(2)). Any acquisition under possible threat of eminent
domain cannot be considered a "voluntary acquisition" (even if the seller is willing to negotiate).
11
NSP Single Family For-sale Developer Agreement with Habitat for Humanity of Pinellas County, Inc.
b. The relocation provisions of the Uniform Relocation Act apply to NSP funds.An unlawful occupant
(see 49 CFR 24.2(a)(29)) who is displaced for an NSP-funded acquisition will not be entitled to
relocation assistance and payments. However, a lawful occupant displaced for an NSP-funded
acquisition will generally be eligible for relocation assistance and payments under URA.
Developer shall provide appropriate relocation assistance (URA or Section 104(d)) to eligible
displaced persons as defined by applicable HUD and/or URA regulations that are displaced as a
direct result of acquisition, rehabilitation, demolition or conversion for an NSP-assisted project.
5. Developer agrees to comply with applicable state and local civil rights ordinances and with Title VI of
the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section
104(b) and Section 109 of Title I of the Housing and City Development Act of 1974 as amended (the
HCDA), Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990,
the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107 and 12086, and will include the provisions in every
subcontract or purchase order, specifically or by reference, so that such provisions will be binding
upon each of its contractors and subcontractors.
The design must comply with all federal regulations, which means in compliance with the Uniform
Federal Accessibility Standards. Under UFAS, the required number of units designed to barrier free
standards is 5% of the total number of units plus an additional 2% of the units be made accessible
for persons with hearing and vision impairments. (refer to HUD 24 CFR Part 8).
6. Developer agrees to comply with all applicable standards, orders, or requirements issued under
Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C.
1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).
7. Developer agrees that no funds provided, nor personnel employed under this Agreement, shall be in
any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of
Title V of the United States Code. Developer is prohibited from using funds provided herein or
personnel employed in the administration of the program for inherently religious activities, lobbying,
political patronage, and nepotism activities.
8. Conflict of Interest — The provisions of 24 CFR 570.611, apply to the award of any contracts under
the agreement and the selection of buyers for NSP-assisted unit. No member or Delegate to the
Congress of the United States shall be permitted to any share or part of this contract or any benefit
here from. No member, officer or employee of City or Developer; or its designees, or agents; or
member of Council of City; and no other public official of City who exercises any functions or
responsibilities with respect to the program during his tenure or for one (1) year thereafter, shall have
any interest direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be
performed under this agreement. Exceptions must be requested by City, and the City may work with
HUD to grant exceptions as permitted by Regulation.
9. Energy efficiency standards and policies- Developer agrees to comply with mandatory standards and
policies relating to energy efficiency which are contained in the state energy conservation plan issued
in compliance with the Energy Policy and Conservation Act (Pub. L. 94A 163, 89 Stat. 871).
10. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Developers who apply or bid for an award of
$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose
any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to the recipient.
11. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties listed
on the General Services Administration's List of Parties Excluded from Federal Procurement or Non
12
NSP Single Family For-sale Developer Agreement with Habitat for Humanity of Pinellas County, Inc.
procurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension."
This list contains the names of parties debarred, suspended or otherwise excluded by agencies, and
contractors declared ineligible under statutory or regulatory authority other than E.O. 12549.
VIII. General Conditions
A. Dispute Resolution
The laws of the State of Florida shall govern this agreement. Should a dispute occur regarding any aspect
of this Agreement that leads to legal action both City and Developer agree to waive their rights to a jury
trial and instead first seek mediation and then arbitration for settlement. Developer should note that the
terms of the NSP3 grant ends on December 31, 2021 and therefore limits City's access to funds to settle
claims after such date.
B. All notices or other communication which shall or may be given pursuant to this Agreement shall be in
writing and shall be delivered by personal service, or by registered mail addressed to the other party at
the address indicated herein or as the same may be changed from time to time. Such notice shall be
deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted or
the date of actual receipt, whichever is earlier.
City Developer
William B. Horne, II, City Manager Michael Sutton, CEO
P. O. Box 4748 13355 49th Street North
Clearwater, FL 33758 Clearwater, FL 33762
C. Title and paragraph headings are for convenient reference and are not a part of this Agreement.
D. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any
attached documents, the terms in this Agreement shall rule.
E. Any amendments to this agreement must be made in writing, signed by both parties to this agreement,
and attached hereto.
F. No waiver or breach of any provision of this Agreement shall constitute a waiver of a subsequent breach
of the same or any other provision hereof, and no waiver shall be effective unless made in writing.
G. City's failure to act with respect to a breach by Developer does not waive its right to act with respect to
subsequent or similar breaches. The failure of City to exercise or enforce any right or provision shall not
constitute a waiver of such right or provision.
H. The parties hereto agree that this Agreement shall be construed and enforced according to the laws of
the State of Florida.
I. Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be
determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the
laws of the State of Florida or City, such provisions, paragraphs, sentences, words or phrases shall be
deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to
conform with such laws, then same shall be deemed severable, and in either event, the remaining terms
and provisions of this Agreement shall remain unmodified and in full force and effect.
J. The obligations undertaken by Developer pursuant to this Agreement shall not be delegated or assigned
to any other person or agency unless City shall first consent to the performance or assignment of such
service or any part thereof by another person or agency.
13
NSP Single Family For-sale Developer Agreement with Habitat for Humanity of Pinellas County, Inc.
K. The terms and conditions of this Agreement shall be binding upon the parties hereto and their respective
successors and assigns.
L. Developer shall indemnify and save City and all of their technical assistance providers harmless from
and against any negligent claims, liabilities, losses and causes of action which may arise out of
Developer's activities under this Agreement, including all other acts or omissions to act on the part of
Developer, including any person acting for or on its behalf, and, from and against any orders,judgments,
or decrees which may be entered and from and against all costs, attorney's fees, expenses and liabilities
incurred in the defense of any such claims, or in the investigation thereof.
M. Developer shall require all of its contractors, sub-contractors and/or professional service providers to
indemnify and hold harmless City from and against any negligent claims, liabilities, losses and causes of
action which may arise out of the contractor's, sub-contractor's, and/or professional service provider's
activities under this Agreement, and, from and against any orders, judgments, or decrees which may be
entered and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense
of any such claims, or in the investigation thereof.
N. Developer and its employees and agents shall be deemed to be independent contractors, and not agents
or employees of City, and shall not attain any rights or benefits under the civil service or pension
ordinances of City, or any rights generally afforded classified or unclassified employee; further they shall
not be deemed entitled to state Compensation benefits as an employee of City.
0. Funding for this Agreement is contingent on the availability of funds and continued authorization for
program activities and is subject to amendment or termination due to lack of funds, or authorization,
reduction of funds, and/or change in regulations.
14
NSP Single Family For-sale Developer Agreement with Habitat for Humanity of Pinellas County, Inc.
IN WITNESS WHEREOF,
City and Developer have caused their signatures to be hereunto affixed and duly attested:
ATTEST: CITY OF CLEARWATER,FLORIDA a municipal corporation
Organized and existing under the laws of the State of Florida
6-4-071/
� Q
By: 6-4-07l1Ct (L (2 t'l By: L�
Rosemarie Call, City Clerk William B. Horne II, City Manager
itpktWATE�
`x4000 _ P Habitat for - • ani• of Pinellas County
�;\‘I/zii42,1 a Flo .d. • • .oration
Z.; $1." 411 ,
By:
cit= _
Title:
��1gB11SHE0�q C Co
Print Name: 'V p t * -
Date: 0/Z.S1202 1
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoinginstrument was acknowledged before me by means of ET'physical presence or 0 online notarization,
this 4`Z52va 1 (date) by Mteh d SA 1av1 , who is personally
known to me or who has produced C U (type of identification)as identification.
WITNESS my hand and official seal this ?b day of St 11 e., ,2021
•. •
• NOTARY PUBLIC��
"r"e'". t).hhra Lay Print Name: J e13jj rt( L
* * Nolan slake of I londa
mon ission No ( (,256836 he /�U/ Z.Z
N1‘ Commission Expires 09/10/22 My Commission Expires: CJ (l
APPROVED AS TO FORM
For the use and reliance of the City of Clearwater, Florida only.
1A/r-e„ , 2021
Laura Mahony, Senior Assistan City Attorney
Clearwater, Florida
Date
15
NSP Single Family For-sale Developer Agreement with Habitat for Humanity of Pinellas County, Inc.
Exhibit A: Legal Description
The North 50 feet of Lots 7 and 8, Block 2, of C.E. Jackson's Subdivision, according to the map or plat
thereof recorded in Plat Book 2, Page 96, of the Public Records of Pinellas County, Florida.
Parcel Number 10/29/15/43596/002/0070
16
NSP Single Family For-sale Developer Agreement with Habitat for Humanity of Pinellas County, Inc.
Exhibit B: Scope of Work and Overall Project Budget
Description of Project:
Construction of a single family, 3/2/1 Energy Star home for a family under 50% AMI.
Project Budget Overview
Acquisition
Addresses and target area of property to be acquired costs per
property
1304 Pennsylvania Ave, Clearwater 33755 (donated by the County) 0
Number of properties acquired 0 Total acquisition costs _ 0
Number of houses to be constructed 1 Total construction costs 143000
Total number of houses to be developed Total development costs 25,740
and sold minus acquisition costs
Total of Affordability
Number of houses to be sold to Subsidies (not included in
households at or below 50% of area 1 total project costs, because 50,000
median income these come from sale
proceeds).
Number of houses constructed with NSP3 1 Total NSP3 Budget 50,000
Total developers fee 6000 Total project costs 168,740
Source of funds Amount Source of funds Amount
City of Clearwater NSP3 50000 Habitat for Humanity 118,740
Developer Equity
Total Project Funding
17
NSP Single Family For-sale Developer Agreement with Habitat for Humanity of Pinellas County, Inc.
Exhibit C: Unit Budget and Sales Price Analysis
Habitat
for
NSP Single-Family Home Project Budget Form Developer: Humanity _ _
13355
With Home Sales Proceeds Analysis Address: 49th St N Clearwater 337
iimmiimmimiA. Development Budget-Sources and Uses Projections
NSP grantor loan 50000 0 $0
Other funding not requiring repayment(describe) 0 0 0
Funding requiring repayment (describe) Bank Loan 0 0 0
Funding requiring repayment (describe) - Developer Cash 0 0 Cash "sunk" in d€
Net proceeds of sale available to developer 0 0
TOTAL SOURCES OF FUNDS $0 $0 $0
Cash purchase price of property to be acquired -do not
include value of DHCD or developer-contributed property $0 $0 $0
Acquisition developer fee-phased payment $0 $0 $0
Acquisition: prorations, legal,title and recording costs $0 $0 0
As-is and after rehab/construction appraisal $0 $0 0
Rehabilitation/construction contract costs Amend the sub-li
Masonry $0 $0 0 align with subcor
Plumbing $0 $0 0
Electrical $0 $0 0
Insulation $0 $0 0
Carpentry and general construction $0 $0 0
Windows and/or doors (if separate subcontract) $0 $0 0
Roofing (if separate subcontract) $0 $0 0
Siding (if separate subcontract) $0 $0 0
Flooring (if separate subcontract) $0 $0 0
Painting (if separate subcontract) $0 $0 0
Landscaping and site work $0 $0 0
Paving $0 $0 0
Other-describe: $0 $0
SUBTOTAL REHAB/CONSTRUCTION 0 0 0
Rehab/construction contingency(5%) 0 0 0
Rehab/construction developer fee- phased payment 0 0 0
Real estate taxes during holding period 0 0 0
Property and liability insurance during holding period 0 0 0 $0 if in construct
18
NSP Single Family For-sale Developer Agreement with Habitat for Humanity of Pinellas County, Inc.
Development loan interest payments 0 0 0
Mowing and lawn maintenance 0 0 0 $0 if in construct
Temporary service and utilities during holding period 0 0 0 $0 if in construct
Boarding and other site security costs 0 0 0 $0 if in construct
Marketing budget per unit, including credit reports 0 0 0
Final developer fee, paid at time of sale from net proceeds 0 0 0
$0 $0 $0
$0 $0 $0
B. Home Sale Proceeds Analysis
The allowed home price must be the lowest of these two numbers below:
1. Total development cost (exclude mowing and
maintenance while in static condition) $0 NSP rules remove mowing/maintenance costs
2. Home sales price at appraised market value $0
The disposition of net proceeds of sale is projected as follows:
Projected sale price from above (gross proceeds of
sale) Enter lowest number of 1 and 2 above
(less) developer's closing costs for home sale
(less) home sales commission fee (6%) $0 Change formula if fee is not 6%
(less ) Other- Final Developer fee amount
(less) developer or loan financing to be repaid $0 Formula -adds sources to repay
Net proceeds of sale (no developer-contributed
property) $0 To be paid to the Grantee
Additional analysis if Grantee or developer contributed property that they already owned:
Net proceeds of sale (from above) $0
Value of Grantee or developer-contributed property to be recouped $0 Enter pre-rehab/construction
Cost of developer 3rd party pre-development expenses to be
recouped $0 attach schedule of invoices
Net proceeds of sale to be repaid to Grantee $0 To be paid to the Grantee
19
NSP Single Family For-sale Developer Agreement with Habitat for Humanity of Pinellas County, Inc.
Exhibit D: Developer Mortgage and Note
This instrument was prepared by:
Terry Malcolm-Smith
City of Clearwater
Economic Development& Housing Department
600 Cleveland Street, Suite 600
Clearwater, Florida 33755
CITY OF CLEARWATER
ECONOMIC DEVELOPMENT AND HOUSING DEPARTMENT-
HOUSING DIVISION
NEIGHBORHOOD STABILIZATION PROGRAM (NSP3)
MORTGAGE
THIS IS A BALLOON MORTGAGE, AND THE FINAL PRINCIPAL PAYMENT OR THE PRINCIPAL
BALANCE DUE ON MATURITY IS $50,000.00 TOGETHER WITH ACCRUED INTEREST, IF ANY,AND ALL
ADVANCEMENTS MADE BY THE MORTGAGEE LESS ANY AMOUNTS PAID OUT FOR DEVELOPER FEE
AND AFFORDABILITY SUBSIDY.
PURPOSE OF LOAN: Construction Loan converting to an Affordability Subsidy
THIS MORTGAGE, made on or as of this _ of June, 2021 between HABITAT FOR HUMANITY OF PINELLAS
COUNTY,INC.,a Florida not-for-profit corporation,hereinafter called"Mortgagor",whose address is 13355 49th Street
North, Clearwater, Florida 33762, to the CITY OF CLEARWATER, a municipal corporation in the state of Florida,
whose address is P. O. Box 4748, Clearwater, Florida 33758, County of Pinellas, State of Florida, hereinafter called
"Mortgagee"or"Lender".
WITNESSETH, that to secure the payment of an indebtedness in the principal amount of FIFTY- THOUSAND and
NO/100 DOLLARS ($50.000.00) with, if applicable, interest thereon, which shall be payable in accordance with a
certain note,bond, or other obligation,which obligation is hereinafter called "Note",bearing even date herewith, and
all other indebtedness which the Mortgagor pursuant to that certain Developer Agreement between Mortgagor and
Mortgagee as executed on , (as the same maybe amended,modified,or supplemented from time to time,the
"NSP3 Developer Agreement") is obligated to pay to the Mortgagee pursuant to the provisions of the Note and this
Mortgage,the Mortgagor hereby grants,conveys,and mortgages to the Mortgagee:
20
NSP Single Family For-sale Developer Agreement with Habitat for Humanity of Pinellas County, Inc.
ALL that certain lot,piece,or parcels of land situate and being in Pinellas County, Florida,described as follows:
LEGAL DESCRIPTION ATTACHED-EXHIBIT"A"
COMMONLY KNOWN AS: 1304 Pennsylvania Avenue, Parcel I.D: 10-29-15-43596-002-0070
TOGETHER with all appurtenances thereto and all the estate and rights of the Mortgagor in and to such property or in anyway
appertaining thereto:all buildings and other structures now or hereafter thereon erected or installed,and all fixtures and articles
of personal property now or hereafter attached to, or used in, or in the operation of, any such land, buildings, or structures
which are necessary to the complete use and occupancy of such buildings or structures for the purposes for which they were
or are to be erected or installed, including, but not limited to, all heating, plumbing, bathroom, lighting, cooking, laundry,
ventilating,refrigerating, incinerating,and air-conditioning equipment and fixtures,and all replacements thereof and additions
thereto, whether or not the same are or shall be attached to such land, buildings, structures in any manner, lot improvements,
roads,and all other infrastructure improvements, and;
TOGETHER with any and all awards now or hereafter made for the taking of the property mortgaged hereby, or any part
thereof(including any easement)by the exercise of the power of eminent domain, including any award for change of grade of
any street or other roadway, which awards are hereby assigned to the Mortgagee and are deemed a part of the property
mortgaged hereby, and the Mortgagee is hereby authorized to collect and receive the proceeds of such awards,to give proper
receipts and acquaintance therefore,and to apply the same toward the payment of the indebtedness secured by this Mortgage,
notwithstanding the fact that the amount owing thereon may not then be due and payable; and the Mortgagor hereby agrees,
upon request, to make, execute, and deliver any and all assignments and other instruments sufficient for the purpose of
assigning each such award to the Mortgagee,free,clear and discharged of any encumbrances of any kind or nature whatsoever,
and
TOGETHER with all right, title,and interest of the Mortgagor in and to the land lying in the streets and roads in front of and
adjoining the above described land (all of the above described land, buildings, other structures, fixtures, articles of personal
property,awards and other rights and interests being hereinafter collectively called the "mortgaged property")
TO HAVE AND TO HOLD the mortgaged property and every part thereof unto the Mortgagee, its successors and assigns
forever for the purposes and uses herein set forth.
PROVIDED ALWAYS that if the Mortgagor shall pay unto the Mortgagee all sums required under the terms of the Note,
which Note is in the original principal amount of$50,000.00 and has a maturity date of June, 2023,(Exhibit B attached),
unless such maturity is accelerated as set forth in the Note, and shall comply with and abide by each and every one of the
stipulations, agreements, conditions and covenants of the Loan Documents, then in such event this Mortgage and Security
Agreement and the estate hereby created shall cease and be null and void.
MORTGAGOR further covenants and agrees with the Mortgagee,as follows:
1. The Mortgagor will promptly pay the principal of and interest on the indebtedness evidenced by the Note, and all other
charges and indebtedness provided therein and in this Mortgage, at the times and in the manner provided in the Note and in
this Mortgage.
21
NSP Single Family For-sale Developer Agreement with Habitat for Humanity of Pinellas County, Inc.
This Mortgage and Security Agreement,the Note, and the NSP3 Developer Agreement and Construction Loan Agreement
shall hereinafter collectively be referred to as the "Loan Documents".
2. The Mortgagor will pay when due, as hereinafter provided, all ground rents, if any, and all taxes, assessments, water rates
and other governmental charges,fines,and impositions,of every kind and nature whatsoever,now or hereafter imposed on the
mortgaged property, or any part thereof, and will pay when due every amount of indebtedness secured by any lien to which
the lien of this Mortgage is expressly subject.
3. This Mortgage and the Note were executed and delivered to secure monies advanced in full to the Mortgagor by the
Mortgagee as or on account of a loan evidenced by the Note,for the purpose of making improvements to or on the mortgaged
property,which improvements are hereinafter collectively called"Improvements",and for such other purpose,if any,described
or referred to therein, including of the property. The Mortgagor shall make or cause to be made all the improvements. If the
construction or installation of the improvements shall not be carried out with reasonable diligence, or shall be discontinued at
any time for any reason, other than strikes, lock-outs, acts of God, fires, floods, or other similar catastrophes, riots, war or
insurrection, the Mortgagee, after due notice to the Mortgagor, is hereby authorized (a)to enter upon the mortgaged property
and employ any watchmen, protect the improvements from depreciation or injury and to preserve and protect such property,
(b)to carry out any and all then existing contracts between the Mortgagor and other parties for the purpose of making any of
the improvements, (c) to make and enter into additional contracts and incur obligations for the purposes of completing the
improvements pursuant to the obligations of the Mortgagor hereunder, either in the name of the Mortgagee or the Mortgagor,
and (d)to pay and discharge all debts, obligations, and liabilities incurred by reason of any action taken by the Mortgagee as
provided in this Paragraph, all of which amounts so paid by the Mortgagee, with interest thereon from the date of each such
payment, at the default rate as set forth in the Note, shall be payable by the Mortgagor to the Mortgagee on demand and shall
be secured by this Mortgage.
4. No building or other structure or improvement, fixture of personal property mortgaged hereby shall be removed or
demolished without the prior written consent of the Mortgagee. The Mortgagor will not make, permit or suffer any alteration
of or addition to any building or other structure or improvement now or which may hereafter be erected or installed upon the
mortgaged property, or any part thereof, except the improvements required to be made Pursuant to Paragraph 3 hereof, nor
will the Mortgagor use,or permit or suffer the use of any of the mortgaged property for any purpose other than the purpose or
purposes for which the same is now intended to be used,without the prior written consent of the Mortgagee. The Mortgagor
will maintain the mortgaged property in good condition and state of repair and will not suffer or permit any waste to any part
thereof, and will promptly comply with all the requirements of Federal, state and local governments, or of any departments,
divisions or bureaus thereof,pertaining to such property or any part thereof.
5. Preservation, Maintenance and Protection of the Property. Borrower shall not encumber, destroy, damage, or impair the
Property,allow the Property to deteriorate or commit waste on the Property. Borrower shall maintain the Property in order to
prevent the Property from deterioration or decrease in value due to its condition. Borrower shall comply with all City Codes
relating to maintenance of the Property and shall repair or restore the Property upon Notice by the City. Failure to comply
with this provision may result in Borrower's loan being placed in default.
6. Transfer of the Property, Encumbrances. Except for the direct sale of the unit to a qualified owner-occupant, if all or any
part of the Property or an interest therein is sold or transferred by Mortgagor without Lender's prior written consent, including
the creation of a lien or encumbrance subordinate to this Mortgage,the sums hereunder and under the Note shall be immediately
due and payable with interest due from the date of the mortgage and note without further notice to Mortgagor,or Mortgagor's
successor or assigns.
7. (a)The Mortgagor will keep all buildings,other structures and improvements, including equipment, now existing or which
may hereafter be erected or installed on the land mortgaged hereby, insured against loss by fire and other hazards, casualties
and contingencies, in such amounts and manner, and for such periods, all as may be required from time to time by the
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NSP Single Family For-sale Developer Agreement with Habitat for Humanity of Pinellas County, Inc.
Mortgagee. Unless otherwise required by the Mortgagee, all such insurance shall be affected by Standard Fire and Extended
Coverage Insurance policies,in amounts not less than necessary to comply with the coinsurance clause percentage of the value
applicable to the location and character of the property to be covered.All such insurance shall be carried in companies approved
by the Mortgagee and all policies therefore shall be in such form and shall have attached thereto loss payable clauses in favor
of the Mortgagee and any other parties as shall be satisfactory to the Mortgagee.All such policies and attachments thereto shall
be delivered promptly to the Mortgagee,unless they are required to be delivered to the holder of a lien of a mortgage or similar
instrument to which this Mortgage is expressly subject, in which latter event, certificates thereof, indicating Mortgagee's
interest with the standard mortgage clause, satisfactory to the Mortgagee, shall be delivered promptly to the Mortgagee. The
Mortgagor will pay promptly when due,as hereinafter provided,any and all premiums on such insurance,and in every case in
which payment thereof is not made from the deposits therefore required by this Mortgage,promptly submit to the Mortgagee
for examination receipts or other evidence of such payment as shall be satisfactory to the Mortgagee. The Mortgagee may
obtain and pay the premium on(but shall be under no obligation to do so)every kind of insurance required hereby if the amount
of such premium has not been deposited as required by this Mortgage, in which event the Mortgagor will pay to the Mortgagee
every premium so paid by the Mortgagee,as set forth in Paragraph 3,above.
(b) In the event of loss or damage to the mortgaged property, the Mortgagor will give to the Mortgagee immediate notice
thereof by mail, and the Mortgagee may make and file proof of loss if not made otherwise promptly by or on behalf of the
Mortgagor. Each insurance company issuing any such policy is hereby authorized and directed to make payment hereunder
for such loss to the Mortgagor and the Mortgagee jointly,unless the amount of loss is payable first to the holder of a lien under
a mortgage or similar instrument to which this Mortgage is expressly subject; and all the insurance proceeds, or any part
thereof, if received by the Mortgagee, may be applied by the Mortgagee, at its option, either in reduction of the indebtedness
hereby secured,or to the restoration or repair of the mortgaged property damaged. In the event of foreclosure of this Mortgage,
or of any transfer of title to the mortgaged property in extinguishment of such indebtedness, all right,title, and interest of the
Mortgagor in and to every such insurance policy then in force, subject to the rights and interest of the holder of any such prior
lien, shall pass to the grantee acquiring title to the mortgaged property together with such policy and appropriate assignment
of such right,title and interest which shall be made by the Mortgagor.
8. The Improvements and all plans and specifications therefore shall comply with all applicable municipal ordinances,
regulations and rules made or promulgated by lawful authority, and upon their completion, shall comply therewith and with
the rules of the Board of Fire Underwriters having jurisdiction.
9. Upon any failure by the Mortgagor to comply with or perform any of the terms, covenants, or conditions of this Mortgage
requiring the payment of any amount of money by the Mortgagor, other than the principal amount of the loan evidenced by
the Note, interest and other charges, as provided in the Note, the Mortgagee may at its option make such payment. Every
payment so made by the Mortgagee(including reasonable attorneys fees incurred thereby),with interest thereon from the date
of such payment,as set forth in Paragraph 3,above,except any payment for which a different rate of interest is specified herein,
shall be payable by the Mortgagor to the Mortgagee on demand and shall become a lien secured by this Mortgage. This
Mortgage with respect to any such amount and the interest thereon shall constitute a lien on the mortgaged property prior to
any other lien attaching or accruing subsequent to the lien of this Mortgage.
10. The Mortgagee,by any of its agents or representatives,shall have the right to inspect the mortgaged property from time to
time at any reasonable hour of the day. Should the mortgaged property, or any part thereof, at any time require inspection,
repair, care or attention of any kind or nature not provided by this Mortgage as determined by the Mortgagee in its sole
discretion, the Mortgagee may, after notice to the Mortgagor, enter or cause entry to be made upon the mortgaged property
and inspect, repair, protect, care for or maintain such property, as the Mortgagee may in its sole discretion deem necessary,
and may pay all amounts of money therefore,as the Mortgagee may in its sole discretion deem necessary.
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NSP Single Family For-sale Developer Agreement with Habitat for Humanity of Pinellas County, Inc.
11. The principal amount owing on the Note together with interest thereon and all other charges, as therein provided, and all
other amounts of money owing by the Mortgagor to the Mortgagee pursuant to and secured by the Mortgage,shall immediately
become due and payable without notice or demand upon the appointment of a receiver or liquidator, whether voluntary or
involuntary, for the Mortgagor or any of the property of the Mortgagor, or upon the filing of a petition by or against the
Mortgagor under the provisions of any State insolvency law, or under the provisions of the Bankruptcy Act of 1898, as
amended,or upon the making by the Mortgagor of an assignment for the benefit of the Mortgagor's creditors. The Mortgagee
is authorized to declare, at its option, all or any part of such indebtedness immediately due and payable upon the occurrence
of any of the following events of default:
(a) Failure to pay the amount of any installment of principal and interest, or other charges payable on the Note,
which shall have become due,prior to the due date of the next such installment.
(b) Nonperformance by the Mortgagor of any covenant,agreement,term or condition of this Mortgage,or of the
Note (except as otherwise provided in subdivision (a) hereof), and the Developer Agreement of even date
herewith, or of any other agreement heretofore, herewith or hereafter made by the Mortgagor with the
Mortgagee in connection with such indebtedness, after the Mortgagor has been given due notice by the
Mortgagee of such nonperformance;
(c) Failure of the Mortgagor to perform any covenant,agreement,term or condition in any instrument creating
a lien upon the mortgaged property, or any part thereof, which shall have priority over the lien of this
Mortgage;
(d) The Mortgagee's discovery of the Mortgagor's failure in any application of the Mortgagor to the Mortgagee
to disclose any fact deemed by the Mortgagee to be material, or of the making therein, or in any of the
agreements entered into by the Mortgagor with the Mortgagee(including but not limited to the Note and this
Mortgage)of any misrepresentation by, on behalf of, or for the benefit of the Mortgagor;
(e) Transfer of the Property or encumbrances,except for the direct sale of the unit to a qualified owner-occupant,
if all or any part of the Property or an interest therein is sold or transferred by Mortgagor without Lender's
prior written consent, including the creation of a lien or encumbrance subordinate to this Mortgage.
The Mortgagee's failure to exercise any of its rights hereunder shall not constitute a waiver thereof.Upon any event of default,
as enumerated in this Paragraph,the Note shall become, or may be declared to be, immediately due and payable.
12.The Mortgagee may from time to time cure each default under any covenant or agreement in any instrument creating a lien
upon the mortgaged property, or any part thereof, which shall have priority over the lien of this Mortgage, to such extent as
the Mortgagee may exclusively determine, and each amount Paid, if any, by the Mortgagee to cure any such default shall be
paid by the Mortgagor to the Mortgagee,and the Mortgagee shall also become subrogated to whatever rights the holder of the
prior lien might have under such instrument.
13. After the occurrence of any default hereunder, the Mortgagor shall upon demand of the Mortgagee, surrender possession
of the mortgaged property to the Mortgagee, and the Mortgagee may enter such property, and let the same and collect all the
rents there from which are due or to become due, and apply the same, after payment of all charges and expenses, on account
of the indebtedness hereby secured,and all such rents and all leases existing at the time of such default are hereby assigned to
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NSP Single Family For-sale Developer Agreement with Habitat for Humanity of Pinellas County, Inc.
the Mortgagee as further security for the payment of the indebtedness secured hereby,and the Mortgagee may also dispossess,
by the usual summary proceedings,any tenant defaulting in the payment of any rent to the Mortgagee.
14. The Mortgagee in any action to foreclose this Mortgage shall be entitled to the appointment of a receiver without notice,
as a matter of right and without regard to the value of the mortgaged property,or the solvency or insolvency of the Mortgagor
or other party liable for the payment of the Note and other indebtedness secured by this Mortgage.
15. The Mortgagor,within ten(10)days upon request in person or within twenty(20)days upon request by mail,will furnish
promptly a written statement in form satisfactory to the Mortgagee, signed by the Mortgagor and duly acknowledged, of the
amount then owing on the Note and other indebtedness secured by this Mortgage, and whether any offsets or defenses exist
against such indebtedness or any part thereof.
16. The Mortgagor will give immediate notice by registered or certified mail to the Mortgagee of any fire, damage or other
casualty affecting the mortgaged property,or of any conveyance,transfer or change in ownership of such property,or any part
thereof.
17.Notice and demand or request may be made in writing and may be served in person or by mail.
18. In case of a foreclosure sale of the mortgaged property, it may be sold in one parcel.
19. The Mortgagor will not assign the rents, if any, in whole or in part, from the mortgaged property, or any part thereof,
without the prior written consent of the Mortgagee.
20. The Mortgagor is lawfully seized of the mortgaged property and has good right,full power and lawful authority to sell and
convey the same in the manner above provided, and will warrant and defend the same to the Mortgagee forever against the
lawful claims and demands of any and all parties whatsoever.
21. The Mortgagor hereby waives the benefit of all homestead exemptions as to the debt secured by this Mortgage and as to
any expenditure for insurance,taxes, levies,assessments,dues or charges incurred by the Mortgagee pursuant to any provision
of this Mortgage.
22. This Mortgage and all the covenants, agreements, terms and conditions herein contained shall be binding upon and inure
to the benefit of the Mortgagor and the heirs, legal representatives and assigns of the Mortgagor and, to the extent permitted
by law,every subsequent owner of the mortgaged property,and shall be binding upon and inure to the benefit of the Mortgagee
and its assigns. If the Mortgagor, as defined herein, consists of two or more parties,this Mortgage shall constitute a grant and
mortgage by all of them jointly and severally, and they shall be obligated jointly and severally under all the provisions hereof
and under the Note. The word "Mortgagee" shall include any person, corporation, or other party who may from time to time
be the holder of this Mortgage. Wherever used herein, the singular number shall include the plural, the plural number shall
include the singular, and the use of any gender shall be applicable to all genders wherever the sense requires.
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NSP Single Family For-sale Developer Agreement with Habitat for Humanity of Pinellas County, Inc.
THIS IS A BALLOON MORTGAGE AND THE FINAL PRINCIPAL PAYMENT OR THE PRINCIPAL BALANCE
DUE ON MATURITY IS $50,000.00 TOGETHER WITH ACCRUED INTEREST, IF ANY, AND ALL
ADVANCEMENTS MADE BY THE MORTGAGEE LESS ANY AMOUNTS PAID OUT FOR DEVELOPER FEE
AND AFFORDABILITY SUBSIDY.
IN WITNESS WHEREOF,this Mortgage has been duly signed and sealed by the Mortgagor on or as of the day and year
first above written.
In the presence of:
HABITAT FOR HUMANITY OF PINELLAS
COUNTY,INC.,a Florida not-for-profit corporation
Witness
Witness BY: MICHAEL SUTTON,CEO
STATE OF FLORIDA
COUNTY OF PINELLAS ]
The foregoing instrument was acknowledged before me by means of physical presence or online
notarization,this day of , 20 , by Michael Sutton, CEO, of HABITAT FOR HUMANITY OF
PINELLAS COUNTY, INC., a Florida not-for-prof t corporation, who is personally known to me or who has produced a
driver's license as identification.
My Commission expires: Notary Public
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NSP Single Family For-sale Developer Agreement with Habitat for Humanity of Pinellas County, Inc.
Exhibit A
Legal Description
The North 50 feet of Lots 7 and 8, Block 2, of C.E. Jackson's Subdivision, according to the map or plat thereof recorded in
Plat Book 2, Page 96,of the Public Records of Pinellas County, Florida.
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NSP Single Family For-sale Developer Agreement with Habitat for Humanity of Pinellas County, Inc.
This instrument was prepared by:
Terry Malcolm-Smith
City of Clearwater
Economic Development& Housing Department
P O Box 4748
Clearwater, Florida 33758
CITY OF CLEARWATER
ECONOMIC DEVELOPMENT AND HOUSING DEPARTMENT
600 Cleveland Street,Suite 600,Clearwater,Florida 33755
DEFFERED PAYMENT MORTGAGE NOTE
Closing Date: June_,2021
Borrower(s): HABITAT FOR HUMANITY OF PINELLAS COUNTY, INC.,a Florida not-for-profit corporation
Address: 13355 49`h Street North, Clearwater, Florida 33762
Property Address: 1304 Pennsylvania Avenue, Clearwater, Florida 33755
Property Address: 1304 Pennsylvania Avenue, Clearwater, Florida 33755
THIS NOTE IS SECURED BY A BALLOON MORTGAGE AND THE FINAL PRINCIPAL PAYMENT OR THE
PRINCIPAL BALANCE DUE ON MATURITY IS$50,000.00 TOGETHER WITH ACCRUED INTEREST,IF ANY,
AND ALL ADVANCEMENTS MADE BY THE MORTGAGEE LESS ANY AMOUNTS PAID OUT FOR
DEVELOPER FEE AND AFFORDABILITY SUBSIDY.
FOR VALUE RECEIVED, the Borrower, HABITAT FOR HUMANITY OF PINELLAS COUNTY, INC., a Florida not-
for-profit corporation, promises to pay to the order of the CITY OF CLEARWATER, at the above address(hereinafter called
the "City"), its successors and assigns,the sum of FIFTY THOUSAND and 00/100 DOLLARS($50,000.00).Payment of
the principal and interest of this NOTE shall be as follows: This NOTE shall be deferred for twenty-four(24)months from the
date of NOTE. The interest rate on the loan will be zero percent(0%)per annum. As Habitat for Humanity of Pinellas County,
Inc., sells the unit with the address noted above and in that certain Mortgage of even date herewith, Habitat for Humanity of
Pinellas County, Inc., will repay the note according to the Developer Agreement. The entire loan less any developer fee or
subsidies applied will be due and payable at the end of twenty four(24)months from the date of the NOTE(by June ,2023,
the "Maturity Date"). If at the end of the loan term (24 months),the single-family home is not sold, or if the Borrower does
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NSP Single Family For-sale Developer Agreement with Habitat for Humanity of Pinellas County, Inc.
not have a contract to sell the home to a qualifying buyer, or if the Borrower has not actively pursued the sale of the home as
determined by the mortgagee, the entire loan balance will become due and payable to the City. Default of the terms of the
mortgage,note or the developer agreement shall cause this NOTE to become due and payable.
Upon default,the City,at its option,may prepare an alternative promissory note requiring monthly payments of principal and
interest. All payments on the alternative note shall be applied first to interest to date of receipt,then to principal, then to late
charges due.
In the event of default of this note or alternative note,the mortgagee's remedies shall include the right to foreclose on the land
subject to the mortgage; and,mortgagee shall be entitled to collect any costs related to foreclosure.Mortgagee retains all other
rights and remedies available at law or in equity.
The Borrower shall reserve the right to reject the alternative note by paying the principal amount of this NOTE within 30 days
of default. Failure of the Borrower to pay the principal amount of this NOTE or execute an alternative note within 30 days of
notice shall constitute default on the part of the Borrower. Such default will be subject to suit by the City to recover on this
NOTE. If suit is instituted by the City to recover on this NOTE, the Borrower agree(s) to pay all costs of such collection
including reasonable attorney's fees and court costs.Failure of the City to exercise any option to which it may be legally entitled
to enforce the terms of this NOTE shall not constitute a waiver of such default,enforcement of any other terms and conditions,
or any rights or remedies.
During the deferred term, this NOTE will not accrue interest. Upon default, this NOTE will accrue interest at three percent
(3%)per annum until the principal amount of this NOTE is paid.
The Borrower reserve (s) the right to prepay the principal in whole or in part at any time without payment of premiums or
penalties.
The principal amount of this NOTE will be repaid as provided for in this Note and the Mortgage.
This NOTE is secured by a mortgage duly filed for record in Pinellas County, Florida.
DEMAND, protest and notice of demand and protest are hereby waived and the Borrower hereby waives, to the extent
authorized by law, any and all homestead and other exemption rights which otherwise would apply to the debt evidenced by
this NOTE.
This NOTE has been duly executed by the Borrower, as of its date.
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NSP Single Family For-sale Developer Agreement with Habitat for Humanity of Pinellas County, Inc.
Notice to Borrower
Do not sign this Note if it contains blank spaces. All spaces should be completed before you sign.
THIS NOTE IS SECURED BY A BALLOON MORTGAGE AND THE FINAL PRINCIPAL PAYMENT OR THE
PRINCIPAL BALANCE DUE ON MATURITY IS$50,000.00 TOGETHER WITH ACCRUED INTEREST,IF ANY,
AND ALL ADVANCEMENTS MADE BY THE MORTGAGEE LESS ANY AMOUNTS PAID OUT FOR
DEVELOPER FEE AND AFFORDABILITY SUBSIDY.
IN WITNESS WHEREOF,this Note has been duly signed by the Borrower on or as of the day and year first above written.
In the presence of:
HABITAT FOR HUMANITY OF PINELLAS
COUNTY, INC. a Florida not-for-profit
corporation
Witness
Witness By: MICHAEL SUTTON, CEO
STATE OF FLORIDA
COUNTY OF PINELLAS ]
The foregoing instrument was executed and acknowledged before me by means of physical presence or
online notarization, this day of , 2021 by Michael Sutton, CEO of HABITAT FOR
HUMANITY OF PINELLAS COUNTY, INC., a Florida not-for-profit corporation, who is personally known to me or who
has produced a driver's license as identification.
My Commission expires:
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NSP Single Family For-sale Developer Agreement with Habitat for Humanity of Pinellas County, Inc.
Exhibit E: Statement of Assurances
STATEMENT OF ASSURANCES - NEIGHBORHOOD STABILIZATION PROGRAM
Developer hereby assures and certifies that it has complied or shall comply with section 1497 of the Wall Street
Reform and Consumer Protection Act of 2010 (Public Law 111-203, approved July 21, 2010), also known as the
Dodd-Frank Act and with Division B, Title III of the Housing and Economic Recovery Act of 2008, (Public Law
110-289)(HERA) as amended by Title XII of Division A of the Recovery Act and related statutes, corrections,
and implementing rules, regulations, and guidelines applicable to projects financed under the Clearwater, Florida
NSP3 program. Specific assurances and certifications include but are not limited to the following when
applicable:
1. Compliance with grant and financial management guidelines in 24 CFR Part 84, Administrative
Requirements for Grants to Non-Profit Organizations, and U.S. Office of Management and Budget
Circular No. A-122, Cost Principles for Non-Profit Organizations (Applies to non-profit organizations) or
Compliance with grant and financial management guidelines in the Federal Accounting Regulations
(applies to for-profit organizations).
2. Expend all program funds in accordance with the requirements of 24 CFR 570 pertaining to eligible
project costs for the NSP3 program following CDBG guidelines.
3. Compliance with Civil Rights and Equal Opportunity statutes as set forth in Title I of the Civil Rights Act
of 1964 (Public Law 88-352), Title VIII of the Civil Rights Act of 1968 (Public Law 90-284), related
statutes and implementing rules and regulations. Developer shall implement its NSP program in
conformance with the requirements of 24 CFR 570.904 pertaining to equal opportunity and fair housing.
4. Compliance with Section 3, Economic opportunity requirements (12 U.S.C. 1701u) (section 3)), as set
forth in 24 CFR, part 135.
5. Compliance with Labor Standards statutes as set forth in the Davis-Bacon Fair Labor Standards Act (40
U.S.C. 276a-276a-5), the Copeland "Anti-Kickback" Act (40 USC §276c and 18 USC §874), the
Contract Work Hours and Safety Standards Act (40 USC 327-330), as found in 24 CFR, part 5, and
related statutes and implementing rules and regulations (if applicable).
6. Compliance with Lead Based Paint Poisoning Prevention Act (42 U.S.C. 4831). Developer shall
implement its program in conformance with the requirements of 24 CFR 570.608 and 24 CFR Part 35
pertaining to the testing for and abatement of lead-based paint in HUD-assisted housing.
7. Compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(42 U.S.C. 4630) and implementing NSP regulations through 24 CFR 570.606 pertaining to
displacement, relocation, and acquisition.
8. Compliance with OMB Circular No. A-133, Audits of States, Local Governments and Non-Profit
Organizations and implementing rules and regulations. (Only for non-profit organizations)
9. Compliance with Section 504 of the Rehabilitation Act of 1973, as amended, and implementing rules
and regulations 24 CFR Part 8. Developer acknowledges and agrees that the housing quality
standards for the unit assisted with NSP3 program funds must, at a minimum, meet the housing quality
standards contained in 24 CFR 570.251 for the duration of this Agreement.
10. Authorized state and federal officials and representatives will have access to all books, accounts,
records, reports, files, and other papers, things, or property pertaining to the project in order to make
audits, examinations, excerpts and transcripts; each contract or subcontract also shall provide for such
access to relevant data and records pertaining to the development and implementation of the project.
11. Compliance with further statutory, regulatory, and contractual requirement(s) now or hereafter in effect
which are applicable to the receipt and expenditure of NSP3 Funds, as administered by the U.S.
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NSP Single Family For-sale Developer Agreement with Habitat for Humanity of Pinellas County, Inc.
Department of Housing and Urban Development.
12. Developer shall implement its program in conformance with 24 CFR 570.489(c) to assure that no funds
available under this agreement are requested until funds are needed for payment of eligible costs.
Further, the amount requested must be limited to the amount needed.
13. Developer shall implement its NSP3 program in conformance with the requirements of 24 CFR 570.611
pertaining to conflict of interest.
14. Developer agrees to cooperate fully with the government entity assigned to assume all of the
responsibilities for environmental review, decision making and action as specified and required under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321) and Section 104 (f) of Title I of the
Housing and City Development Act and implementing regulations 24 CFR Part 58.
15. Developer certifies that all new construction and rehabilitation projects will meet the standards for
Energy Star Qualified New Homes, as outlined and required in the NSP3 notice, Federal
Register/Volume 75, Number 201/Tuesday, October 19, 2010.
Certified By (Signature):
Name and Title: , an authorized signatory
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NSP Single Family For-sale Developer Agreement with Habitat for Humanity of Pinellas County, Inc.
Exhibit F: Timeline and Draw Schedule for Unit
Activity Completion Date
Site Acquisition 6/2/2020
Plans and Specifications 12/16/2020
Construction Begins 2/19/2021
Construction Complete 6/7/2021
Expenditure of Funds Completion Date
25%
50%
75%
100%
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NSP Single Family For-sale Developer Agreement with Habitat for Humanity of Pinellas County, Inc.
Exhibit G: Payment Request Form
CITY OF CLEARWATER
Economic Development & Housing Department
Consolidated Action Plan FY2020-2021 Request for
Payment
Month
Invoice
Submission Date Description Amount
$Totals
Make Check Payable to:
We request payment for the attached invoice, as provided for in the terms of our contract with the City
of Clearwater, dated . Wecertif t the best of our knowledge that we have complied
with all applicable federal, state and local laws, regulations and ordinances.
Agency Name
Name and Title
Authorized Signature Date
For Internal Use Only: Approver
Signature: Date:
Accomplishments IDIS Entry Signature: Date:
34