FIRST AMENDMENT TO 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 33758
FIRST AMENDMENT TO
LAND USE RESTRICTION AGREEMENT
THE KIMBERLY HOME, INC
THIS FIRST AMENDMENT TO LAND USE RESTRICTION AGREEMENT (this "Amendment"),
is made and entered into as of April 5, 2024, by and between THE KIMBERLY HOME, INC, a Florida
not-for-profit corporation ("Kimberly Home"), its successors, assigns, and transferees, whose mailing
address is 1189 N.E. Cleveland Street, Clearwater, Florida 33755, and THE CITY OF CLEARWATER,
FLORIDA, a Florida municipal corporation (the "City"), its successors, assigns, and transferees, whose
mailing address is P.O. 4748 Clearwater, Florida 33758 (the City and Kimberly Home shall be collectively
referred to herein as the "Parties").
WITNESSETH:
WHEREAS, in connection with certain CDBG funding, the Parties entered into that certain Land Use
Restriction Agreement dated March 30, 2022 and recorded on April 1, 2022 in O.R. Book 22000, Page 1693
of the Public Records of Pinellas County, Florida (the "LURA"); and
WHEREAS, the LURA restricts the use of certain property located at 1178-1180 Grove Street,
Clearwater, FL 33755 as more particularly described in Exhibit "A" attached hereto (the "Property") so
that the Property is restricted to transitional housing for low to moderate income homeless individuals and
families (pregnant women, new moms, and their children) in Clearwater during a certain period of
affordability; and
WHEREAS, the City has agreed to provide additional CDBG grant funding in the amount of One
Hundred Seventy -Eight Thousand Two Hundred Fourteen Dollars and 05/100 Cents ($178,214.05) to
Kimberly Home for the rehabilitation of Building 1180A located on the Property; and
WHEREAS, in connection with said additional CDBG funding, the Parties now wish to amend the
LURA so that the affordability restrictions contained therein are extended for a period of twenty (20) years
from the date of this Amendment.
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 Period of Affordability, as referenced in the LURA, will
be for a period of twenty (20) years from the date of this Amendment.
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2. The LURA is hereby amended to provide that a default under the LURA shall additionally constitute a default
under the Mortgage and Note executed on even date with this Amendment executed in connection with the
allocation of the CDBG funding in the amount of $178,214.05.
3. This Amendment shall be recorded in the Public Records of Pinellas County, Florida at the expense of
Kimberly Home. This Amendment and the covenants contained herein shall run with the land and shall
bind Kimberly Home 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 Kimberly Home. This Amendment is not intended to affect the priority of
the LURA.
4. 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.
5. Except as amended and modified herein, 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.
6. 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.
7. 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.
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 Attc}rngy q
Date: (f. I
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THE CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation.
nnif s' oirrier
City Ma ger
Date:
Attest:
Rosemarie Call
City Clerk
Date: w2.9)14
Print Name:
Address:
(KIMBERLY HOME PAGE)
THE KIMBERLY HOME, INC,
a Florida not-for-profit corporation.
By:
Print Name: Name:
Address: Its:
Date:
STATE OF FLORIDA
COUNTY OF PINELLAS
)
)
The foregoing instrument was executed and acknowledged before me by physical presence
or online notarization, this day of , 2024, by
as of the Kimberly Home, Inc., a Florida not-for-profit corporation. He/She is personally
known to me or produced as identification.
[NOTARY SEAL]
NOTARY PUBLIC
Print Name:
My Commission Expires:
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EXHIBIT "A"
Legal Description
Lots 35 and 36, Block D, Bassedena Subdivision, according to the map or plat thereof, as recorded in Plat
Book 6, Page 26 of the Public Records of Pinellas County, Florida.
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