LAND USE RESTRICTION AGREEMENTPrepared by and Return to:
Matthew J. Mytych, Esq.
City of Clearwater
Economic Development & Housing Division.
600 Cleveland Street, Suite 600
Clearwater, FL 33755
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 20240/472/ 01/1312024 10:20 AM
OFF REC BK: 22681 PG: 2483-2487
DocTYPe:AGM RECORDING: y44.00
LAND USE RESTRICTION AGREEMENT
THIS LAND USE RESTRICTION AGREEMENT (this "Agreement"), is made and entered into on
'0-0,A1.64y (,$ _, 2024 by HABITAT FOR HUMANITY OF PINELLAS COUNTY, INC.,
a Florida not-for-profit corporation, its successors, assigns, and transferees of the project described below,
whose mailing address is 13355 49th Street North, Suite B, Clearwater, Florida 33762 and hereinafter called
("Habitat") for the benefit of the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation,
hereinafter called (the "City").
WHEREAS, the City of Clearwater previously owned one (1) single-family parcel located at 406
Vine Avenue, Clearwater, FL and as legally described on Exhibit "A" attached hereto and incorporated
herein (the "Property" ); and
WHEREAS, on,,, y 11, 2024 the City donated the Property to Habitat and
WHEREAS, as consideration for the donation, Habitat has agreed to restrict the use of the Property
to an affordable single-family housing unit for a low- and moderate -income homebuyer as described herein
("Income -Qualified Purchaser") and agrees with the City that this Agreement shall be and remain a first
priority lien on the Property for a term of fifteen (15) years; and
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.
NOW, THEREFORE, for Ten and 00/100 Dollars ($10.00) and other good and valuable
consideration, including, without limitation, the donation of the Property to Habitat, Habitat agrees for the
benefit of the City that it will comply, and will require any subsequent purchaser of all or any part of the
Property to comply, with the following:
1. Covenants and Restrictions. During the Period of Affordability (as defined herein), the Property shall only
be sold to an Income -Qualified Purchaser, defined as a person or family having annual income which does
not exceed one hundred twenty percent (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 Income- Qualified Purchaser for the housing unit within nine (9) months of the date of completion
of the construction. the housing unit must be rented to an el giible tenant in accordance with 24 CFR
§ 92.252. The home must be the principal residence of the homebuyer. The income of the persons who will
occupy each unit shall be verified by Habitat by obtaining third -party 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, Habitat may use other methods acceptable to the
City to verify income. Annual income for the purpose of this Agreement shall be as defined by HUD for the
HOME Program. The person or persons purchasing the single-family home shall have fee simple title to the
Property.
(a) For the purpose of this Agreement, the Period of Affordability shall be defined as a
period beginning when the Property is transferred to Habitat and ending at the end of the 15th (fifteenth) year
thereafter from the date of this Agreement.
(b) This Agreement is a covenant running with the land and shall remain a first lien on the
Property upon the sale of the Property to an Income -Qualified Purchaser for the Period of Affordability and shall
be enforceable against both Habitat, the Income -Qualified Purchaser, and their respective successors and assigns.
(c) During the Period of Affordability, the single-family housing unit must be occupied by
its original Income -Qualified Purchaser ("Original Buyer"). In the event that the Original Buyer chooses to sell
the Property, they must sell the Property to another Income -Qualified Purchaser who will use the Property as a
principal residence. If the Original Buyer sells, either voluntarily or involuntarily, during the Period of
Affordability, the Original Buyer may receive a fair return on investment
2. No Discrimination. Habitat 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 Property.
3. No Conflicts with Other Documents. Habitat 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.
4. Records. Habitat shall maintain accurate information regarding the compliance of the Property with the
terms of this Agreement during the term of the Period of Affordability and, at the request of the City
shall submit this information to the City for the City's review and comment.
5. Monitoring. Habitat shall permit the City or its designee to inspect all records pertaining to the Property
upon reasonable notice and within normal working hours and shall submit to the City such
documentation, as required by the City, to document compliance with this Agreement
6. Successors Bound. This Agreement and the covenants and restrictions contained herein shall run with
the land and shall bind, and the benefits shall inure to, respectively, Habitat and its successors and
assigns and all subsequent owners of the Property or any interest therein, and to the City for the Period
of Affordability set forth in this Agreement.
7. Enforcement of Terms. The benefits of this Agreement shall inure to, and may be enforced by,
the City for the Period of Affordability.
8. Severability. The invalidity of any clause, part, or provision of this Agreement shall not affect
the validity of the remaining portion thereof.
9. Defaults and Remedies. If Habitat or any subsequent purchaser 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, in addition to all other remedies provided by law or in equity, to
compel specific performance by Habitat, or its successor in interest, of its obligations under this
Agreement, it being recognized that the City cannot be adequately compensated by monetary damages
in the event of default.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly
authorized officials on the date and year first above indicated.
Approved as to Form:
(CITY SIGNATURE PAGE)
City of Clearwater, Florida,
a Florida municipal corporation.
Jennifer PoCrrier
City Ma ger
Date: (Zil. ' 1 q
Attest:
Matthew J. Mytych, Esq.
Assistant City Attorney
Date:
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Rosemarie Call
City Clerk.
Date:
(HABITAT SIGNATURE PAGE)
Habitat for Humanity of Pinellas County, Inc.,
Witness Name: ,Cc-.✓.i/� ri s i! a Florida Not For Profit Corporation.
Address: 13335 �'9 S4. IV
$-h€ a,('1earr Fl. 331‘2
4Y.
Witn1s Dame:
Address: 55 99 S N
S-fe J3It ear w L 33762
STATE OF FLORIDA
COUNTY OF PINELLAS
�°vIt4IU The foregoing instrument as acknowled ed before me ��33'' ysical presence this /D' day of
, 2024, by 1CnaQ J $( Too , as C. of Habitat for Humanity
of PinellalCounty, Inc., a Florida not-for-profit corporation, on behalf of the corporation. He is personally
known t r produced as identification.
My Commission Expires: MO IN 13, 961.16
[NOTARY SEAL]
4iAY P(". CESAR FIGUEREDO
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'% A`' Commission # HH 239361
'o . •' My Comm. Expires Mar 13, 2026
Bonded through National Notary Assn.
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NOTARY PUB
Name: Cesar -
lit 'a,
Exhibit "A"
Legal Description
Lot 8, DREW PARK SUBDIVISION, according to the map or plat thereof recorded in Pat Book 3, Page
40 of the Public Records of Pinellas County, Florida.
Parcel Number: LD 10-29-15-22518-000-0080
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