REAL PROPERTY TRANSFER AGREEMENTREAL PROPERTY TRANSFER AGREEMENT
This REAL PROPERTY TRANSFER AGREEMENT ("Agreement") is made on thisliday of
L1 , 2022, between the City of Clearwater (the "City"), a Florida municipal corporation whose
address is 600 Cleveland Street, Suite 600, Clearwater, FL 33755; and Clearwater Neighborhood Housing
Services, Inc. d/b/a Tampa Bay Neighborhood Housing Services ("TBNHS"), a Florida not for profit
corporation whose address is 608 North Garden Avenue, Clearwater, FL 33755.
RECITALS:
WHEREAS, the City is the owner of a parcel of real property, commonly known as 1408 Monroe
Avenue, Clearwater, FL 33755; and
WHEREAS, TBNHS is a not-for-profit corporation within the State of Florida established for the
purpose of providing housing related services including constructing homes for families in need of
affordable housing; and
WHEREAS, TBNHS wishes to acquire the Property for the construction of a single-family home
for a qualified family, and the City desires to sell the Property to TBNHS for an amount that is less than
the appraised value as provided for under Section 2.01(d)(5)(i) of the Clearwater City Charter, subject to
certain conditions; and
WHEREAS, the parties desire to memorialize their Agreement.
NOW THEREFORE, in consideration of the mutual covenants herein contained, and the mutual
benefits to be derived hereunder, the receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows:
1. The recitals set forth above are true and correct and are incorporated herein by reference.
2. This Agreement describes the respective responsibilities of each party in providing for the
transfer of the Property for the purpose of constructing a single-family home to be used for
affordable housing.
3. The Property is legally described as follows:
Lincoln Place, Block 4, Lot 4 as recorded in Plat Book 3, Page 27 of the
Public Records of Pinellas County
Parcel Number: 10/29/15/51948/004/0040
4. The parties agree the value of the Property is Twenty -Nine Thousand Nine Hundred and 00/100
Dollars ($29,900.00) and that monetary consideration in the amount of Seven Thousand Five
Hundred ($7,500) is being received by the City in connection with said land transfer.
5. The City agrees to convey and transfer to TBNHS, all of the City's right, title and interest in and
to the Property subject to the terms, conditions and provisions hereof in return for a sale price
of $7,500. The transfer of the Property contemplated by this Agreement shall be conveyed by
Special Warranty Deed. The Special Warranty Deed shall contain a reverter clause providing
that in the event TBNHS has not commenced and/or completed construction of the
improvements within the timeframe(s) specified in paragraph nine (9) below, TBNHS shall
[A04-01510 /291500/1]
Real Property Transfer Agreement between the
City of Clearwater and Tampa Bay Neighborhood
Housing Services, Inc. —1408 Monroe Ave.
forthwith, upon the request of the City, reconvey the Property to the City via Special Warranty
Deed. The City makes no warranties as to the marketability of title and transfers the Property in
"as -is, where -is, with all faults" condition. This provision shall survive termination or expiration
of this Agreement and shall not merge into the deed.
6. TBNHS shall have at its own expense, the right to conduct inspections and determine feasibility
of accepting the transfer of the Property. For purposes of physical inspection of the Property,
the City grants TBNHS, its agents and professionals engaged by such parties, the right to enter
upon the Property. TBNHS shall not perform any inspections or tests requiring invasive methods
without prior written consent of the City and shall hold the City harmless and indemnify the City
for any liability resulting from TBNHS' entry to the Property.
7. TBNHS will pay all closing costs associated with the transfer of Property, including but not
limited to; settlement fees, title insurance, appraisal fees, taxes, and recording fees.
8. TBNHS shall have at its own expense, the right to purchase title insurance. Any matters set forth
in the title commitment, including any defects, or liens and encumbrances, shall be the
responsibility of TBNHS to cure, or accept as exceptions to the title policy.
9. The Property must be used by TBNHS for the sole purpose of constructing a single-family home
to be sold to a household whose total household income does not exceed one hundred twenty
percent (120%) of Area Median Income, adjusted for household size, as published by the United
States Department of Housing and Urban Development for Pinellas County. TBNHS agrees to
commence construction of certain improvements on the Property within twelve (12) months of
the date of this Agreement. TBNHS further agrees to complete construction of such
improvements within eighteen (18) months of the date of this Agreement. The City retains the
unilateral discretion to extend the above timeframes as it determines appropriate.
10. Whenever this Agreement requires or permits any consent, notice, request, or demand from
one party to the other (collectively "Notice"), such Notice must be in writing and shall be
delivered either by hand or by certified mail. Notice shall be effective as of the date of actual
delivery or, if delivery is refused by the receiving party, the date on which such delivery was
attempted. Each party's initial address for delivery of any Notice is designated below, but any
party from time to time may designate a different address for delivery of any Notice by
delivering to the other party Notice of such different address:
If to City: City of Clearwater
Attn: City Manager
One Clearwater Tower
600 Cleveland Street, Suite 600
Clearwater, FL 33755
If to TBNHS: Tampa Bay Neighborhood Housing Services, Inc.
c/o Frank Cornier, CEO
608 North Garden Avenue
Clearwater, FL 33755
11. This Agreement may not be assigned by TBNHS without the express written consent of the City,
which consent shall be in the City's sole discretion.
(A04-01510 /291500/1]
Real Property Transfer Agreement between the
City of Clearwater and Tampa Bay Neighborhood
Housing Services, Inc. -1408 Monroe Ave.
12. This Agreement, together with any exhibit(s) attached hereto, constitutes the entire Agreement
between the parties and no representation, warranty, promise or inducement not expressly
included in the Agreement shall be binding upon any party hereto, their legal representative,
successors and assigns.
13. The "Effective Date" of this Agreement shall be the date on which both parties have executed
this Agreement.
IN WITNESS WHEREOF, the parties have duly executed this agreement the day and year first above
written.
Approved as to form:
Laura Mahony
Senior Assistant City Attorney
13A1 1 bir+
Print Name 1
Print4lame
[A04-01510 /291500/1]
Real Property Transfer Agreement between the
City of Clearwater and Tampa Bay Neighborhood
Housing Services, Inc. —1408 Monroe Ave.
THE CITY OF CLEARWATER, FLORIDA
By:
Attest:
. Hibbard, Mayor
Rosemarie CaII
City Clerk
TAMPA BAY NEIGHBORHOOD HOUSING
SERVICES, INC.
BA:41612.
Frank Cornier, CEO