LAND USE RESTRICTION AGREEMENT STATE HOUSING INITIATIVES PARTNERSHIPS PROGRAMPrepared by and Return to:
Terry Malcolm -Smith
City of Clearwater
Economic Development & Housing
P. O Box 4748
Clearwater, FL 33758-4748
CITY OF CLEARWATER
ECONOMIC DEVELOPMENT AND HOUSING DEPARTMENT
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LAND USE RESTRICTION AGREEMENT
INI
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THIS LAND USE RESTRICTION AGREEMENT (this "Agreement" or "LURA") is made on November
9, 2023 by and between Habitat for Humanity of Pinellas County, Inc., a Florida not-for-profit
corporation ("Borrower") whose mailing address is 13355 49th Street North, Clearwater, FL 33762, and
the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (the "City"), whose mailing
address is P.O. Box 4748, Clearwater, Florida 33758-4748.
WHEREAS, Borrower shall construct a single-family dwelling on certain real property located at
13355 49th Street North, Clearwater, FL 33762 (the "Property")for the development of an affordable
single-family unit for a low or moderate -income homebuyer described herein (the "Project") and agrees
with the City that the Property, which is subject to an executed Mortgage and Note of even date herewith,
shall be subject to the restrictive covenants set forth herein; and
WHEREAS, Borrower shall cause the real property to be improved in accordance with the plans
and specifications and any amendments thereto previously submitted by Borrower to the City and
which have been approved by the City; and
WHEREAS, Borrower agrees that the affordability restrictions contained in this Agreement shall
remain in full force and effect against the real property until the end of a fifteen (15) -year affordability
period.
This Agreement is executed in accordance with a loan made by the City to the Borrower in the
original principal amount of One Hundred Ninety -Three Thousand One Hundred & 00/100 Dollars
($193,100.00), evidenced by that certain Mortgage Note ("Note") and secured by that certain Mortgage
("Mortgage"), all of even date herewith.
WHEREAS, this Agreement shall be properly filed and recorded by the City in the Official Public
Records of Pinellas County, Florida, and shall constitute a restriction upon the use of the property subject
to and in accordance with the terms contained herein; and
NOW, THEREFORE, in consideration of funds the City has provided to Borrower for a loan to
finance the construction of the affordable single-family unit, including closing costs, and other related
costs as associated with the Project in the Pinellas County, Florida, having an address at 1156 LaSalle
Street, Clearwater , FL 33755 and more particularly described as: Legal Description attached hereto as
Exhibit "A", (also described as Parcel Number: 10-29-15-33552-005-0610
Borrower acknowledges that this Agreement is necessary to comply with the affordability requirements of
the SHIP program, as stated at Chapter 67-37 Florida Administrative Code, and Sections 420.907-420.9089,
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Florida Statutes, as may be amended from time to time, from which funds were obtained to finance such
loan, or a portion thereof, and Borrower hereby covenants and agrees that in connection with the construction
of the single-family home, ownership and operation of the Property, the City should approve any transfer or
sale of the Property, and Borrower will comply, and will require any subsequent purchaser of the Project to
comply, with the following:
1. Covenants and Restrictions on Use of Funds. The SHIP Program allocations provided to the
Project will be used for construction of improvements on the Property, plus permissible closing
costs. During the Period of Affordability as defined herein, the unit shall be sold to a homebuyer
having annual income which does not exceed one hundred twenty (120%) of the median family income
for the area, as determined and made available by the U.S. Department of Housing and Urban
Development (HUD) with adjustments for smaller and larger families at the time of purchase of the
home. If there is not a ratified sales contract with an eligible homebuyer for the housing unit within
nine (9) months of the date of completion, the housing unit must be rented to an eligible tenant.
The home must be the principal residence of the homebuyer. The income of the persons who will
occupy the unit shall be verified by Borrower by obtaining verification of current income and
verification of assets. Source documentation evidencing annual income may include wage
statements, interest statements, unemployment compensation statements, and other documentation
approved by the City. In the event that neither of the above methods is suitable, Borrower may use
other methods acceptable to the City to verify income. Annual income for the purpose of this
Agreement shall be as defined by 24 CFR Part 5.609. The value of the SHIP -assisted unit shall not
exceed the most current Treasury Value Limits for single-family housing for the area. The
maximum per-unit award shall not exceed the amount stated in the Local Housing Assistance Plan.
The person or persons purchasing the single-family home shall have fee simple title to the property.
(a) Upon the sale of the housing unit to an eligible homebuyer, the Period of Affordability
shall be enforced on the Property (homebuyer) through this Land Use Restriction
Agreement, which shall run with the land.
(b) During the Period of Affordability, the single-family housing unit must be occupied by the
original homebuyer. In the event that the homebuyer chooses to sell the property, the
homebuyer must sell the Property to another income eligible buyer, who will use the
Property as their principal residence.
(c) All program income associated with the Project shall be returned to the City within thirty
(30) days of receipt by the Borrower.
(d) Any noncompliance with the requirement of this Agreement shall be corrected within thirty
(30) days after such error is first discovered or would have been discovered by the
exercise of reasonable diligence.
2. Affordability Period. For the purpose of this Agreement, the Period of Affordability shall be a
period beginning when the SHIP mortgage, note and this Agreement are executed and end on the
last day of the Fifteenth (15th) year thereafter.
3. Property Standards. The single-family housing unit shall meet and maintain all applicable local
codes, the International Property Maintenance Code, the Florida Building Code, ordinances, and
zoning ordinances at the time of project completion. T he City also highly encourages the use of
ENERGY STAR® qualified products, including natural gas where available, in all developed
housing.
4. Location of Assisted Unit. The location of the unit is as follows: 1156 LaSalle Street,
Clearwater, FL 33755. Borrower agrees that there will be no material changes to the design
of the Project after initial commitment by the City without assurances provided by Borrower
and approved by the City that the proposed changes will not adversely affect the SHIP assisted
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unit or any provision of this Agreement.
5. No Discrimination. Borrower shall not discriminate, as defined by Federal Statutes, on the basis
of race, creed, color, sex, age, or national origin in the occupancy of the SHIP assisted unit or in
connection with the employment or application for employment of persons for the operation and
management of the Project.
6. No Conflicts with Other Documents. Borrower warrants that it has not, and will not, execute any
other agreement with provisions contradictory to, or in opposition to, the provisions hereof, and
that, in any event, the requirements of this Agreement are paramount and controlling as to the rights
and obligations herein set forth and supersede any other requirements in conflict herewith.
7. Requests for disbursement of funds. Borrower shall request funding for the SHIP -assisted project
from the City on a reimbursement basis.
8. Records. Borrower shall retain all records pertaining to the Project for a period of five (5)
years after audit and/or resolution of audit findings involving this loan. Borrower shall maintain
accurate information regarding the occupancy for each SHIP assisted unit during the term of the
affordability period and, at the request of the City, shall submit this information to the City for review
and comment. Borrower shall maintain documentation substantiating compliance with
affirmative marketing requirements. These Project records shall be made available to City of
Clearwater, Florida Housing Finance Corporation for audit, inspection, or copying purposes during
normal business hours. The Owner shall maintain project records that include:
(a) A description of the Project assisted with SHIP funds, including the location and form of
assistance;
(b) The source and application of funds for each project, including supporting
documentation with the Local Housing Assistance Plan and 24 CFR Part 5.609;
(c) Records demonstrating compliance with this Agreement and all other agreements related
hereto;
(d) Records documenting required inspections, monitoring reviews and audits, and the
resolution of any findings or concerns; and
(e) Records documenting SHIP related financial activities.
9. Monitoring. Borrower shall permit the City or its designee to inspect all records pertaining to the
unit upon reasonable notice and within normal working hours and shall submit to the City such
documentation, as required, to document compliance with this Agreement and SHIP Program
rules. If the Project is new construction, Borrower shall provide the required documentation
monthly, until the SHIP -assisted unit is sold.
10. Successors Bound. This Agreement and the covenants contained herein shall run with the land
and shall bind, and the benefits shall inure to, respectively, Borrower and its successors and
assigns and all subsequent owners of the Project or any interest therein, and to the City for the
Period of Affordability set forth in this Agreement.
11. Enforcement of Terms. The benefits of this Agreement shall inure to, and may be enforced by,
the City during the Period of Affordability.
12. Severability. The invalidity of any clause, part, or provision of this Agreement shall not affect
the validity of the remaining portion thereof.
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13. Defaults and Remedies. If Borrower shall fail to observe or perform any covenant, condition, or
agreement contained herein on its part to be observed or performed, then and in such event, the City
shall be entitled to after providing written notice of default and thirty (30) days to cure, in addition
to all other remedies provided by law or in equity:
(a) To compel specific performance by Borrower of its obligations under this Agreement, it
being recognized that the beneficiaries of Borrower obligations hereunder cannot be
adequately compensated by monetary damages in the event of Borrower's default.
(b) To cause Borrower to pay to the City an amount equal to all SHIP funds loaned to
Borrower, less any principal balance previously repaid by Borrower, if any SHIP assisted
unit is knowingly or negligently rented to persons who do not comply with the
requirements for such unit.
(c) In addition, to these remedies, a default by Borrower hereunder shall constitute a default
under the Construction Loan Agreement, Mortgage, and Note all of even date herewith, which
will enable the City, after providing written notice of default and (30) days to cure, to
accelerate Borrower's loan and take such other actions as may be permitted under the terms
of the aforementioned documents.
14. Notice. All notices provided for herein shall be sent by certified or registered return receipt
requested mail, addressed to the appropriate party at the address designated for such party in the
preamble to this Agreement, or such other address as the party who is to receive such notice may
designate in writing. Notice shall be completed by depositing the same in a letterbox or other
means provided for the posting of mail addressed to the party with the proper amount of postage
affixed thereto. Actual receipt of notice shall not be required to effect notice hereunder.
15. Severability. Should any section or any part of any section of this Agreement be rendered void,
invalid or unenforceable by any court of law, for any reason, such determination shall not render
void, invalid, or unenforceable, any other section or any part of any section in this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused their Agreement to be executed by their duly
authorized officials on the date and year first above indicated.
(BORROWER SIGNATURE PAGE)
Habitat for Humanity of Pinellas County, Inc., WITNESSES (Two Required):
a Florida not for profit Corporation. (Type or print names under signature.)
Mlchael Sutton, CEO Name:
Name:
STATE OF FLORIDA ]
COUNTY OF PINELLAS ]
The foregoing instrument was acknowledged before me by means of physical presence or
online notarization, this day of , 2023 by Michael Sutton, CEO, Habitat for
Humanity of Pinellas County, Inc., who is personally known to me or who has produced a
driver's license as identification.
NOTARY PUBLIC
Print Name:
My Commission expires:
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(CITY SIGNATURE PAGE)
Approved as to Form:
Matthew J. Mytych, Esq.
Assistant City Attorney
Date: j 11(1 a3
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City of Clearwater, Florida,
a Florida municipal corporation.
Je _ fifer Voinfer
City a ger
Date: T 7 W/3
Attest:
Exhibit "A"
Legal Description
Legal Description: Lot 61, Block E, GREENWOOD PARK SUBDIVISION NO.2, according to map or
plat thereof as recoded in Plat Book 8, Page 16 of the Public Records of Pinellas County, Florida.
Parcel Number: 10-29-15-33552-005-0610
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