REAL PROPERTY TRANSFER AGREEMENTREAL PROPERTY TRANSFER AGREEMENT
THIS REAL PROPERTY TRANSFER AGREEMENT (this "Agreement") is made on this 1, day of
@)9-41' , 2023, by and between the City of Clearwater, Florida, a Florida municipal corporation (the
"City") whose address is 600 Cleveland Street, Suite 600, Clearwater, FL 33755; and Habitat for Humanity
of Pinellas County, Inc., a Florida not-for-profit corporation ("Habitat" and collectively with the City the
"Parties") whose address is 13355 49th Street North, Suite B Clearwater, FL 33762.
RECITALS:
WHEREAS, the City is the owner of a parcel of real property, commonly known as 406 Vine Ave,
Clearwater, FL 33755 (the "Property"); and
WHEREAS, Habitat is a Florida not-for-profit corporation established for the purpose of providing
housing related services including constructing homes for families in need of affordable housing; and
WHEREAS, Habitat 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 Habitat for an amount that is less than the
appraised value as provided for under Section 2.01(d)(5)(i) of the City of Clearwater City Charter, subject
to certain conditions; and
WHEREAS, the Parties desire to memorialize their Agreement to transfer the Property for the
construction of an affordable single-family home.
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:
LOT 8, DREW PARK SUBDIVISION, according to the map or plat thereof
recorded in Plat Book 3, Page 40, Public Records of Pinellas County, Florida.
Parcel Number: 10/29/15/22518/000/0080
4. The Parties agree the value of the Property is Eighty -Three Thousand Three Hundred Fifty Dollars
and 00/100 Cents ($83,350.00) and that per this Agreement, the Property will be donated to
Habitat for the development of affordable housing.
5. The City agrees to convey and transfer to Habitat, 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
Zero Dollars and 00/100 Cents ($0.00). The transfer of the Property contemplated by this
Agreement shall be conveyed by Special Warranty Deed covering claims made by, through, or
under the City's ownership of the Property, but not otherwise. The Special Warranty Deed shall
contain a reverter clause providing that in the event Habitat has not commenced and/or
completed construction of the improvements or conveyed the Subject Property to a qualified
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purchaser within the timeframe(s) specified in paragraph nine (9) below, Habitat shall forthwith,
upon the request of the City, reconvey the Property to the City via Special Warranty Deed. The
City makes no warranties as to the marketability of title outside of the Special Warranty as
described herein, 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. Habitat 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 Habitat, its agents and professionals engaged by such parties, the right to enter upon
the Property. Habitat 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 Habitat's entry to the Property.
7. Habitat will pay all closing costs associated with the transfer of the Property, including but not
limited to; settlement fees, title insurance, appraisal fees, taxes, and recording fees.
8. Habitat shall purchase title insurance at its own expense. Any matters set forth in the title
commitment, including any defects, or liens and encumbrances, shall be the responsibility of
Habitat to cure, or accept as exceptions to the title policy.
9. The Property must be used by Habitat 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. Habitat agrees to:
1.) commence construction of certain improvements on the Property within six (6) months of the
date of this Agreement, 2.) to complete construction of such improvements within twelve (12)
months of the date of this Agreement, and 3.) to convey the Property to an income qualified
purchaser within eighteen (18) months of the date of this Agreement. If Habitat needs an
extension to these timeframes, it shall notify the City in writing as soon as possible, and the City
shall have 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 delivery or by U.S. 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 Habitat: Habitat for Humanity of Pinellas and West Pasco Counties
c/o Ken Rush - COO
13355 49th Street North, Suite B
Clearwater, FL 33762
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11. This Agreement may not be assigned by Habitat without the express written consent of the City,
which consent shall be in the City's sole discretion.
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 shalt 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 hereto have duly executed this Agreement on the day and year first
above written.
(CITY OF CLEARWATER SIGNATURE PAGE)
Approved as to form:
Matthew Mytych
Senior Assistant City Attorney
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THE CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation.
Attest:
Uuvt 111 .t4.
Aft, 23
Rosemarie Call
City Clerk
(HABITAT FOR HUMANITY OF PINELLAS COUNTY, INC. SIGNATURE PAGE)
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Print Name
J.02/
lap^ fi:iiciemdo
Print Name
STATE OF FLORIDA
COUNTY OF PINELLAS
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HABITAT FOR HUMANITY OF PINELLAS
COUNTY, INC., a Florida not-for-profit
corporation.
Mike Sutton, President / CEO
The foregoing instrument was ac nowledged before me by means%physical resence or online
notarization, this 0A day of ve",b r , 2023, byAttila 3 vos __ of Habitat for
Humanity of Pinellas County, Inc., who "is/are personally known to me or who has/have produced a
driver's license as identification.
?F.
i�
N': Notary Public - State of Florida
CESAR FIGUEREDO
Norn�AT Commission # HH 239361
' My Comm. Expires Mar 13, 2026
Bonded through National Notary Assn,
NOTARY PUBLIC
Signature: �.
My Commission expires:
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