FIRST AMENDMENT TO LAND USE RESTRICTION AGREEMENT - PINELLAS HOUSING AUTHORITY (NORTON APARTMENTS)Prepared by and Return to:
Matthew J. Mytych, Esq.
City of Clearwater
Economic Development & Housing Division.
600 Cleveland Street, Suite 600
Clearwater, FL 33755
FIRST AMENDMENT TO
LAND USE RESTRICTION AGREEMENT
PINELLAS COUNTY HOUSING AUTHORITY
(Norton Apartments)
THIS FIRST AMENDMENT TO LAND USE RESTRICTION AGREEMENT (this "Amendment"),
is made and entered into as of _, 2024, by and between PINELLAS
COUNTY HOUSING AUTHORITY, a public body corporate and politic organized under the laws of the
State of Florida ("PCHA"), its successors, assigns and transferees, whose mailing address is 11479
Ulmerton Road, Largo, Florida 33778, and THE CITY OF CLEARWATER, FLORIDA, a Florida
municipal corporation (the "City"), its successors, assigns, and transferees, whose mailing address is 600
Cleveland Street, Suite 600, Clearwater, Florida 33755 (the City and PCHA shall be collectively referred to
herein as the "Parties").
WITNESSETH:
WHEREAS, title to the estate or interest in the Property described herein as Exhibit "A" is vested in (i)
Bright Community Trust, Inc., a Florida non-profit corporation successor by name change to Pinellas
Community Housing Foundation, Inc. as Trustee of the Pinellas Community Housing Program Land Trust -
Norton Apartments, Fee Simple as to Parcel 1; (ii) Pinellas County Housing Authority, a public body corporate
and politic organized under the laws of the State of Florida, Leasehold as to Parcel 1; and (iii) Pinellas County
Housing Authority, a public body corporate and politic organized under the laws of the State of Florida, Fee
Simple as to Parcel 2 (collectively, the "Property");
WHEREAS, the Parties entered into that certain Leasehold Mortgage (the "Mortgage") by and between
PCHA and the City, dated and recorded October 26, 2012 in O.R. Book 17764, Page 2204, subject to the Land
Use Restriction Agreement (the "LURA") attached as Exhibit "B" to the Mortgage, as modified by that
certain Mortgage Modification Agreement dated October 31, 2013, recorded October 31, 2013, in Official
Records Book 18211, Page 638, as affected by that certain Subordination Agreement ("Fourth Mortgage")
recorded September 8, 2014 in Official Records Book 18519, Page 1959, as further modified by that certain
Mortgage Modification Agreement dated December 23, 2015, recorded December 23, 2015, in Official
Records Book 19030, Page 636, all of the Public Records of Pinellas County, Florida; and
WHEREAS, the Mortgage was subsequently amended by 1.) a Mortgage Modification Agreement
dated and recorded October 31, 2013 in O.R. Book 18211, Page 638 (the "First Modification"), 2.) a
Mortgage Modification Agreement dated and recorded December 23, 2015 in O.R. Book 19030, Page 636
(the "Second Modification"); and 3.) a Mortgage Modification Agreement dated May 31, 2023 and
recorded June 8, 2023 in O.R. Book 22467, Page 74, all in the Public Records of Pinellas County, Florida
(the "Third Modification") to provide PCHA with additional project funding; and
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WHEREAS, the Mortgage and the LURA were executed as conditions for the receipt of HOME
Investment Partnership and State Housing Initiative Partnership ("SHIP") Program funds; and
WHEREAS, the LURA restricts the use of certain property located at 1450 S. Martin Luther King,
Jr. Ave., Clearwater, FL 33756 as more particularly described in Exhibit "A" attached hereto (the
"Property") so that seven (7) HOME assisted units shall be rented to tenants whose annual income which
does not exceed 65% of the annual medium income for the area among other restrictions; and
WHEREAS, the additional SHIP Program funding provided under the Third Modification was to be
used for the rehabilitation of forty-eight (48) rental units benefitting very -low income persons; and
WHEREAS, the Parties now wish to amend the LURA so that the affordability restrictions contained
therein apply to the 48 rental units covered by the additional SHIP Program funds received under the Third
Modification.
NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth in this
Amendment and for Ten and 00/100 Dollars ($10.00) and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the Parties do hereby covenant, agree and consent as
follows:
1. The LURA is hereby amended to provide that the affordability restrictions and monitoring requirements
provided therein will apply to the 48 rental units on the Property. In the event another accredited government
agency is monitoring the Property to ensure the affordability of the units, the City may rely on any
information, data, and reports collected by the accredited government agency to satisfy all or part of the City's
monitoring requirements under the LURA to the extent that such information satisfies the LURA's
requirements.
2. This Amendment shall be recorded in the Public Records of Pinellas County, Florida at the expense of
PCHA. This amendment and the covenants contained herein shall run with the land and shall bind PCHA
and its successors and assigns, and benefits shall inure to the City and its successors and assigns during the
term of the LURA. Nothing contained in this paragraph shall be deemed to authorize or consent to any
assignment by PCHA. This Amendment is not intended to affect the priority of the LURA.
3. If any provision of this Amendment or the LURA shall be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining portions hereof or thereof shall in no way be affected or
impaired, nor shall such holding of invalidity, illegality or unenforceability of such provision under other
dissimilar facts or circumstances.
4. Except as amended and modified hereby, the terms and conditions of the LURA shall remain in
full force and effect. The LURA as modified by this Amendment, is affirmed, confirmed and
ratified in all respects.
5. In the event of conflict or ambiguity between the terms and conditions of this Amendment and the LURA,
the terms and conditions of this Amendment shall control to the extent of any such conflict or ambiguity.
6. This Amendment may be simultaneously executed in one or more counterparts, all of which shall constitute
the same instrument and each of which shall be deemed an original.
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IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed by their duly authorized
officials on the date and year first above indicated.
(CITY SIGNATURE PAGE)
Approved as to Form:
Matthew J. Mytych, Esq.
Assistant City ttorn y
Date: oa,�ea7oi
THE CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation.
Jennifer PSirrier
City Manager
Date: F--�%. 6 q1 3oyy
Attest:
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Rosemarie Call
City Clerk
Date:
Print Name:
Address:
(PCHA SIGNATURE PAGE)
PINELLAS COUNTY HOUSING AUTHORITY,
a public body corporate and politic organized
under the laws of the State of Florida.
By:
Print Name: Name:
Address: Its:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was executed
day of , 2024, by
Housing Authority, a public body corporate and
He/She is personally known to me or produced
[NOTARY SEAL)
and acknowledged before me by physical presence this
, as of Pinellas County
politic organized under the laws of the State of Florida.
as identification.
NOTARY PUBLIC
Print Name:
My Commission Expires:
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EXHIBIT "A"
Legal Description
PARCEL 1:
The following parcel of land EXCLUSIVE of any and all improvements and/or structures thereon as to a
leasehold interest:
Commence at the Southeast corner of the Northwest 1/4 of the Southwest 1/4 of Section 22, Township 29
South, Range 15 East, Clearwater, Pinellas County, Florida and go North 00 deg.22'53" West, 238.71 feet,
along the East boundary of the Northwest 1/4 of the Southwest 1/4 of said Section 22; thence North 89
deg.14'11" West, 30.01 feet to a point on the West right-of-way line of Greenwood Avenue; thence North
00 deg.22'53" West, 111.31 feet, along said right-of-way line; thence North 89 deg.14'11" West, 260.40
feet, along a line parallel to the South boundary of the Northwest 1/4 of the Southwest 1/4 of said Section
22, to the POINT OF BEGINNING; thence North 00deg.22'53" West, 225.00 feet, along a line parallel to
the East boundary of the Northwest 1/4 of the Southwest 1/4 of Section 22; thence South 89 deg.14'11"
East, 260.40 feet, along a line parallel to the South boundary of the Northwest 1/4 of the Southwest 1/4 of
Section 22, to a point on the West right-of-way line of Greenwood Avenue; thence North 00 deg.22'53"
West, 88.75 feet, along said right-of-way line to a point on the North boundary of the South 1/2 of the
Northwest 1/4 of the Southwest 1/4 of Section 22; thence North 89 deg.13'00" West, 737.00 feet, along said
North boundary; thence South 00 deg.22'53" East, 314.00 feet, along a line parallel to the East boundary of
the Northwest 1/4 of the Southwest 1/4 of Section 22; thence South 89 deg.14'11" East, 476.60 feet, along
a line parallel to the South boundary of the Northwest 1/4 of the Southwest 1/4 of Section 22, to the POINT
OF BEGINNING.
PARCEL 2:
All vertical improvements and/or structures located on the parcel of land described below but excluding
any portion of the land so described as to a Fee interest:
Commence at the Southeast corner of the Northwest 1/4 of the Southwest 1/4 of Section 22, Township 29
South, Range 15 East, Clearwater, Pinellas County, Florida and go North 00 deg.22'53" West, 238.71 feet,
along the East boundary of the Northwest 1/4 of the Southwest 1/4 of said Section 22; thence North 89
deg.14'11" West, 30.01 feet to a point on the West right-of-way line of Greenwood Avenue; thence North
00 deg.22'53" West, 111.31 feet, along said right-of-way line; thence North 89 deg.14'11" West, 260.40
feet, along a line parallel to the South boundary of the Northwest 1/4 of the Southwest 1/4 of said Section
22, to the POINT OF BEGINNING; thence North 00deg.22'53" West, 225.00 feet, along a line parallel to
the East boundary of the Northwest 1/4 of the Southwest 1/4 of Section 22; thence South 89 deg.14'11"
East, 260.40 feet, along a line parallel to the South boundary of the Northwest 1/4 of the Southwest 1/4 of
Section 22, to a point on the West right-of-way line of Greenwood Avenue; thence North 00 deg.22'53"
West, 88.75 feet, along said right-of-way line to a point on the North boundary of the South 1/2 of the
Northwest 1/4 of the Southwest 1/4 of Section 22; thence North 89 deg.13'00" West, 737.00 feet, along said
North boundary; thence South 00 deg.22'53" East, 314.00 feet, along a line parallel to the East boundary of
the Northwest 1/4 of the Southwest 1/4 of Section 22; thence South 89 deg.14'11" East, 476.60 feet, along
a line parallel to the South boundary of the Northwest 1/4 of the Southwest 1/4 of Section 22, to the POINT
OF BEGINNING.
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