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HOME PARTNERSHIPS PROGRAM AGREEMENT FOR RENTAL ACTIVITIESHOME INVESTMENT PARTNERSHIPS PROGRAM AGREEMENT FOR RENTAL ACTIVITIES BY AND BETWEEN THE CITY OF CLEARWATER AND ARCHWAY CLEARWATER GARDEN, LLC This HOME Investment Partnership Agreement (this "Agreement") is entered into on April , 2024, by and between THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (the "City"), and ARCHWAY CLEARWATER GARDENS, LLC, a Florida limited liability company ("Awardee"). WHEREAS, the City has applied for and has been awarded funds from the United States Department of Housing and Urban Development ("HUD") for the HOME Investment Partnerships Program; and WHEREAS, the City has applied for and has been awarded funds from the State Housing Initiatives Partnership ("SHIP") program; and WHEREAS, the City uses HOME and SHIP resources to provide financing of affordable housing for eligible persons as defined by the HOME Investment Partnership Program (the "HOME Program", and such financing being referred to as the "HOME Funds"), created by the National Affordable Housing Act of 1990 ("NAHA"), as amended (the "Act"), and the SHIP program (the "SHIP Program", and such financing being referred to as the "SHIP Funds"); and WHEREAS, Awardee has applied for and has been granted approval to develop (81) multi -family units, three (3) of which will be reserved for individuals or families whose income do not exceed 80% of the Area Median Income (AMI) as determined by HUD, and another three (3) of which will be reserved for individuals or families whose income do not exceed 30% of the Area Median Income (AMI) as determined by HUD; and WHEREAS, Awardee has evidenced the capacity to develop the affordable housing project funded in part by this Agreement which will be known as Clearwater Gardens (the "Project") and located at 1260 Cleveland Street, Clearwater, Florida; and WHEREAS, Awardee desires to enter into a written agreement assuring that the housing is developed in compliance with the terms and conditions imposed by the Act governing the Program and the City of Clearwater Community Development Code; and WHEREAS, the City approved the described use of HOME and State Housing Initiative Partnership ("SHIP") Funds and authorized staff to enter into an Agreement with Awardee to provide Three Hundred Five Thousand Dollars and 00/100 Cents ($305,000.00) in HOME funds and Three Hundred Five Thousand Dollars and 00/100 Cents ($305,000.00) in matching SHIP funds to partially finance the construction of the Project. NOW THEREFORE, the City and Awardee hereby execute this Agreement to undertake the described Project. FURTHERMORE, The City and Awardee agree as follows: 1 Archway Clearwater Gardens, LLC I. SCOPE OF SERVICE 1. The Awardee will be responsible for carrying out the HOME assisted activities in a manner satisfactory to the City and consistent with all standards required as a condition of providing these funds. Program activities will include the following uses and corresponding activities eligible under the HOME Program: Awardee shall use the HOME Investment Partnership Program Act (HOME) funds provided to partially finance the development of the Project. LEGAL DESCRIPTION See Attached Exhibit "A" (the "Property") The Project is to be developed as multifamily residential rental housing in accordance with the HOME Program. Awardee covenants that six (6) units in the Project will be set aside as follows for thirty (30) years commencing upon completion of construction of the Project (the "Affordability Period"): (A) three (3) of the units in the Project will be set aside as HOME -assisted units for individuals or families whose income do not exceed 80% of the Area Median Income ("AMI") as determined by HUD (the "HOME Units"); and (B) three (3) units in the Project will be set aside as SHIP -assisted units for individuals or families whose income do not exceed 30% of AMI (the "SHIP Units", and together with the HOME Units, the "Assisted Units"). The Home Units shall include two (2) one (1) bedroom and one (1) bathroom units and one (1) two (2) bedroom and two (2) bathroom unit. This Agreement incorporates by reference terms and conditions described in the Subordinate Mortgage and Note of even date herewith and any other agreements enforcing the HOME Investment Partnership Program Act requirements associated with said Subordinate Mortgage and Note. The total development cost is estimated to be approximately $31,772,341.00; the City's funding commitment of $610,000.00 represents partial financing for the construction of the Project and is provided by the City through the HOME Investment Partnership Program Act and the SHIP Program. Project construction will commence and be completed as defined and set forth in the affordable housing development schedule attached hereto as Exhibit "B". In no event will construction commence later than ninety (90) days from the date of this Agreement nor will the Project be completed later than four (4) years from the date of this Agreement. Construction will progress in substantial accordance with the construction schedule submitted by Awardee to obtain financing, as amended from time to time, and as incorporated in Exhibit "B" (PROJECT TIMELINE), subject to Force Majeure (as defined in the Mortgage). 2. Affordability of HOME -Assisted Units: For the duration of the Affordability Period, as provided in the Land Use Restriction Agreement (the "LURA") of even date herewith, the six (6) Assisted Units Project shall be set aside and rented in accordance with the LURA. The HOME Units shall be floating units and shall be rented or held available for rental on a continuous basis to persons or families who shall have a verified annual income that does not exceed eighty percent (80%) of AMI at the time of initial occupancy of a HOME Unit ("HOME Qualified Tenants"). The HOME Units must have rents which are equal to or less than 30% of annual incomes for households at 80% of AMI, adjusted for family size, in accordance with program regulations for High HOME program rents, as stated in 24 CFR Part 92 ("HOME Rents"). The calculation of HOME Rents include utilities; therefore, maximum HOME Rents must be reduced if the tenant pays for some or all of the utilities. Maximum rent limits and allowances for utilities are revised annually and are available from the City. Awardee shall establish initial HOME Rents and the procedures for future rent increases based on rules and regulations established in 24 CFR § 92.252, Rental Housing. The SHIP Units shall be floating units and shall be rented or held available for rental on a continuous basis to persons or families who shall have a verified annual income that does not exceed thirty percent (30%) of 2 Archway Clearwater Gardens, LLC AMI at the time of initial occupancy of a SHIP Unit ("SHIP Qualified Tenants", and together with HOME Qualified Tenants, "Qualified Tenants"). The SHIP Units must have rents which are equal to or less than 30% of annual incomes for households at 30% of AMI, adjusted for family size ("SHIP Rents"). The calculation of SHIP Rents include utilities; therefore, maximum SHIP Rents must be reduced if the tenant pays for some or all of the utilities. Maximum SHIP Rents shall not include any payment under Section 8 of the United States Housing Act of 1937 or any other rental assistance program or any fee for supportive services that is paid to Borrower by any governmental program of assistance or any tax-exempt organization. Maximum rent limits and allowances for utilities are revised annually and are available from the City. Awardee or the manager of the Project shall identify the Assisted Units to the City at the time of initial occupancy. Awardee shall ensure compliance with project requirements as defined in 24 CFR Part 92, Subpart F, as applicable. 3. Compliance: Awardee shall determine and verify the income eligibility of Qualified Tenants in accordance with HUD Section 8 housing assistance programs contained in 24 CFR Part 5, or an alternative method preapproved by City for the Project. Awardee shall calculate gross annual income by annualizing verified sources of income to be received by the household during the twelve (12) months following the effective date of the determination. 4. Affirmative Marketing: Awardee shall adopt appropriate procedures for affirmatively marketing the Assisted Units of the Project. Affirmative marketing consists of good faith efforts to provide information and otherwise to attract Qualified Tenants from all racial, ethnic and gender groups in the housing market area. Awardee shall be required to use affirmative fair housing marketing practices in soliciting Qualified Tenants, determining eligibility, concluding transactions, and affirmatively furthering fair housing efforts. Awardee must maintain a file containing all marketing efforts related to the Assisted Units (i.e. copies of newspaper ads, memos of phone calls, copies of letters, etc.) to be available for inspection on request by the City. Awardee must provide a description of intended actions that will inform and otherwise attract Qualified Tenants from all racial, ethnic, and gender groups in the housing market of the Assisted Units. Awardee must provide the City with an assessment of the affirmative marketing program. Said assessment must include: A. Methods used to inform the public and potential renters about federal fair housing laws and affirmative marketing policy; B. Methods used to inform and solicit applications from persons in the housing market who are not likely to apply without special outreach; and C. Records describing actions taken by the Awardee to affirmatively market Assisted Units; and records to assess the results of these actions. 5. Tenant Leases and Protections: Persons applying for rental of the Assisted Units shall be qualified on a first-come, first-served basis. Qualified Tenants must be income -eligible and must occupy the Assisted Units as primary residences. Awardee shall comply with the provisions of 24 CFR Part 570, Florida Landlord Tenant Act, Florida Administrative Code, HOME Investment Partnership Act, SHIP program requirements, and City requirements, as applicable, which prohibit certain lease terms. All tenant leases for the Assisted Units shall be expressly subordinate to the Subordinate Mortgage and shall contain clauses, among other provisions, wherein each individual lessee: A. Agrees that the household income, household composition, and other eligibility requirements shall be deemed substantial and material obligations of the tenancy; that the tenant will comply promptly with all requests for information with respect thereto from Awardee or the City, and that tenant's failure to provide accurate information about household income or refusal to comply with a request for 3 Archway Clearwater Gardens, LLC information with respect thereto shall be deemed a violation of a substantial obligation of his/her tenancy; B. Agrees not to sublease to any person or family who does not meet income qualifications as determined, verified, and certified by Awardee; C. States that the rental unit is the primary residence of the tenant; D. Agrees that the lease shall be for a one-year period, unless other terms are mutually agreed upon by Awardee and tenant. Awardee shall not charge tenants fees that are not customarily charged in rental housing in accordance with 24 CFR § 92.504(e); and E. Awardee shall adhere to and comply with 24 CFR Part 5 Subpart L which addresses the protections for victims of domestic violence, dating violence, sexual assault, or stalking who are applying for assistance covered by VAWA. All applicants shall be provided a Notice of Occupancy Rights and Certification Form that substantially conforms with the form attached hereto as Exhibit "E". II. PROJECT FUNDING A. The City hereby approves (i) the award of HOME Funds in the amount of Three Hundred Five Thousand Dollars and 00/100 Cents (5305,000.00), and (ii) the award of SHIP Funds in the amount of Three Hundred Five Thousand Dollars and 00/100 Cents ($305,000.00) to Awardee as owner of the Project located at 1260 Cleveland Street, City of Clearwater, Florida, for an aggregate loan to Awardee in the amount of the award of Six Hundred Ten Thousand Dollars and 00/100 Cents ($610,000.00) . B. Awardee shall provide a detailed budget, acceptable to the City, indicating usage of all funds in the Project budget, including HOME Funds and SHIP Funds (collectively, the "Loan Funds") provided under this Agreement. C. Loan Funds provided under this Agreement will be in the form of a deferred payment loan at zero percent (0%) per annum for a term of thirty (30) years through a Subordinate Mortgage Note (the "Note"). The loan may be forgiven at end of the deferred period at the City of Clearwater's sole and absolute discretion. D. The Note shall be secured by a Subordinate Mortgage encumbering the Project in favor of the City. The entire outstanding principal balance of the loan shall be due and payable upon sale of the Project or any portion thereof during the applicable affordability period, except that subsequent purchases of the Project may be approved by the City, provided the subsequent awardee agrees to: 1) Enter into an agreement with the City to ensure that the subsequent awardee owns and operates the Project in accordance with this Agreement and the LURA; and 2) Abide by all applicable HOME Program requirements. E. Awardee shall ensure Loan Funds provided under this Agreement will be requested for disbursement only in required amounts and as needed for payment of eligible costs for activities described and approved in this Agreement. Payments will be made by the City for eligible expenses actually incurred by Awardee and will not exceed actual cash requirements. The City reserves the right to liquidate funds available under this Agreement for eligible costs incurred by the City on behalf of Awardee. Notwithstanding the foregoing, the full amount of the loan, Six Hundred Ten Thousand Dollars and 00/100 Cents ($610,000.00) shall be disbursed at the closing of this transaction. All 4 Archway Clearwater Gardens, LLC "program income" (as defined in 24 CFR Part 92) associated with the Project shall be returned to the City within thirty (30) days of receipt by the Borrower unless otherwise agreed to in writing by the Awardee and the City. For the avoidance of any doubt, the parties do not anticipate there being any program income in connection the Project. F. If for any reason, Awardee breaches any term of this Agreement, the City may require full repayment of any amounts advanced under this Agreement pursuant to Article VIII, Remedies on Default. G. Loan Funds to be provided under this Agreement are contingent upon the City's determination to proceed, modify, or cancel the Project based on the results of an environmental review in accordance with HUD CPD Notice 01-11. The City hereby acknowledges that such environmental review has been completed and the City has determined to proceed under this Agreement. H. All six (6) of the Assisted Units must be rented to Qualified Tenants no later than the completion of the leasing deadline provided in the schedule included in Exhibit "B" attached hereto, as may be amended from time to time. If the Assisted Units are not occupied by Qualified Tenants within six (6) months following the date of project completion, HUD will require the City to submit marketing information and, if appropriate, submit a marketing plan to HUD, and Awardee agrees to cooperate with the City to provide all necessary marketing information to HUD. I. The City and Awardee acknowledge that pursuant to 24 CFR § 92.205(c) and 24 CFR § 92.250(a), that the minimum amount of HOME funds invested in the Project involving rental housing is $1,000 times the number of HOME Units and that The total amount of HOME funds invested on a per-unit basis in The Project do not exceed the per-unit dollar limitations established under section 221(d)(3)(ii) of the National Housing Act (12 U.S.C. 17151(d)(3)(ii)) for elevator- type projects that apply to the area in which the housing is located. III. AFFORDABILITY For the duration of the thirty (30) year Affordability Period, as provided in the LURA, the Project shall maintain the six (6) Assisted Units. Except as expressly set forth herein or in the LURA, if any the Assisted Units do not meet the applicable affordability requirements for the full Affordability Period for any reason whatsoever, payment to the City of the outstanding or remaining unpaid balance of Loan Funds invested in the Project will be required according to the repayment terms set forth in Article VIII of this Agreement. Awardee shall ensure the affordability requirements of the Assisted Units for the full Affordability Period through the LURA encumbering the Project for the full Affordability Period, and same shall be enforced by the City. IV. HOUSING QUALITY STANDARDS A. The Assisted Units shall, upon completion, meet or exceed all applicable minimum housing code standards, as established by the City, and all state and local housing, zoning, fire, State Model Energy Code and building codes, as amended. In addition, the Assisted Units shall be maintained in compliance with all applicable minimum housing code standards, as established by the City, and all state and local housing, zoning, fire, and building codes, as amended, for the duration of the Agreement and the full term of the required Affordability Period. B. Awardee shall establish and maintain records for each Assisted Unit to ensure adherence to all applicable minimum housing code standards, as established by the City, and all state and local housing, zoning, and building codes, as amended. 5 Archway Clearwater Gardens, LLC C. The City reserves the right to inspect at any time during normal business hours any and all construction and/or rehabilitation accomplished under this Agreement to assure adherence to applicable housing quality standards, minimum housing codes, as established by the local jurisdiction, and all state and local housing, zoning, building and fire codes, as amended. Awardee agrees to abide by all policies, rules, and guidelines regarding inspection requirements and costs set forth by the City. The method of inspection by the City to ensure maintenance of required housing standards during the Affordability Period will be in accordance with 24 CFR § 92.504(d)(1). D. Awardee shall use only licensed contractors and subcontractors (to the extent required by applicable law), reputable workmen, material suppliers, and agents reasonably acceptable to the City in the construction, marketing, and leasing of the housing units to be constructed under this Agreement. V. NOTICES Communication and details concerning this Agreement shall be directed to the following persons: If to City: City of Clearwater Attn: Charles H. Lane, Jr., Economic Development and Housing Assistant Director P.O. Box 4748 Clearwater, Florida 33758 (727) 444-7489 If to Awardee: Archway Clearwater Gardens, LLC Attn: Brett Green 7575 Dr Phillips Blvd, Suite 390 Orlando, FI 32819 With a copy to: Shutts & Bowen LLP Attn: Robert Cheng, Esq. 200 S. Biscayne Blvd., Suite 4100 Miami, Florida 33131 and to: RJ MT Clearwater Gardens Partners L.L.C. c/o Raymond James Affordable Housing Investments, Inc. 880 Carillon Parkway St. Petersburg, Florida 33716 Attention: Steven J. Kropf, President With a copy to: Klein Hornig LLP 1325 G Street NW, Suite 770 Washington, DC 20005 Attention: Dawna J. Steelman 6 Archway Clearwater Gardens, LLC The contact persons listed above may be changed upon fifteen (15) days written notice to the other party. VL ADMINISTRATIVE REQUIREMENTS A. Awardee shall abide by all applicable federal, state, and local laws, regulations, codes, and ordinances in the performance of all activities required by this Agreement, and specifically agrees to adhere to applicable requirements of 24 CFR Part 92 with respect to the HOME Units and the SHIP Units. B. Awardee shall conduct an independent audit of this Project after completion of the Project. This audit shall be in accordance with generally accepted accounting principles. An independent auditor acceptable to the City shall conduct the audit. Awardee shall provide the City with a copy of such audit upon completion and in accordance with the terms outlined in the Note. Any deficiencies noted in the audit report shall be fully cleared by Awardee within thirty (30) calendar days after receipt of said audit report by the City. Failure of Awardee to clear deficiencies noted in the audit report shall constitute a breach of this Agreement, and the City may exercise any and all of its rights and remedies under Article VIII, Remedies on Default. C. Awardee shall adhere to the applicable requirements of 2 CFR Part 200 and applicable uniform administrative requirements of 24 CFR § 92.505. D. Awardee shall make available to the City at any time during normal business hours all financial, compliance, and construction records of activities pertaining to funding and operating the Project covered by this Agreement to allow the City to conduct monitoring, performance, and compliance reviews and evaluations. Notwithstanding any other provision in this Agreement, the City will monitor the performance of Awardee against the activities described in this Agreement. Substandard performance as reasonably determined by the City shall constitute non-compliance with this Agreement. If action to correct such substandard performance is not commenced by Awardee within thirty (30) calendar days after being notified by the City of such non-compliance, suspension or termination procedures may be initiated as specified in Article VIII or Article IX. E. In accordance to 24 CFR § 92.353, Awardee shall ensure that no person will be displaced from his or her dwelling as a direct result of activities assisted with HOME Funds provided under this Agreement. In the event that displacement is unavoidable, the Awardee will adhere to the Uniform Relocation Act. F. Awardee shall affirmatively market the Assisted Units to low-income persons in compliance with 24 CFR § 92.351 and Public Laws 88-352 and 90-284, where applicable, and ensure maintenance of documentation of affirmative marketing efforts to such persons. Prior to any funds being disbursed under this Agreement, the Awardee shall provide an affirmative marketing plan to the City documenting the planned affirmative marketing efforts to be undertaken by Awardee regarding the Assisted Units. G. Awardee shall not pay any part of funds received under this Agreement for lobbying the Executive or Legislative Branches of the Federal, State, or local government. H. Award shall adhere to the Conflict -of -Interest provisions at 24 CFR § 92.356 and 2 CFR Part 200. I. Awardee shall comply with the provisions of the National Environmental Policy Act of 1969, as 7 Archway Clearwater Gardens, LLC applicable to projects funded under this Agreement, the Flood Disaster Protection Act of 1973, and the Lead -Based Paint Poisoning Prevention Act, and the regulations promulgated there under, all as amended as applicable. Awardee agrees to comply with the following regulations insofar as they apply to this Agreement, the Clean Air Act, Federal Water Pollution Control Act, Environmental Protection Agency regulations pursuant to 40 CFR Part 50, all as amended, as well as all other applicable environmental laws and regulations, as applicable. Awardee shall ensure maintenance of documentation to evidence compliance with environmental statutes and regulations. J. Awardee shall establish and ensure the eligibility of tenants leasing Assisted Units with regard to program requirements specified by HUD, as applicable. In addition, except to the extent prohibited by law, Awardee shall ensure maintenance of Qualified Tenant information, including name, address, family size, social security number, race, sex, income, marital status, and whether the assisted person(s) is elderly, female head -of -household, handicapped, American Indian or Alaska Native, Hispanic, Caucasian, Black or African American, Asian, or Native Hawaiian or Pacific Islander. The information shall be maintained for each Assisted Unit and person(s) or families occupying same. Awardee shall submit the Qualified Tenant information to the City upon request, except to the extent prohibited by law. K. Awardee shall provide drug-free workplaces in accordance with the Drug -Free Workplace Act of 1988. L. Awardee shall ensure compliance with the requirements of Fair Housing Act, Executive Order 11246 (Equal Employment Opportunity), as amended by Executive Order 12086, and the regulations issued pursuant thereto, Executive Orders 11625, 12432, and 12138, which require affirmative actions to encourage participation by minority and women -owned business enterprises. Awardee shall ensure that the provisions of this paragraph are included in every subcontract entered into by Awardee associated with this Agreement and Project. Awardee shall ensure maintenance of records and reports to document compliance with fair housing and equal opportunity requirements. M. Awardee will ensure that all records required under this Agreement are retained for a period of five (5) years after the Affordability Period has expired. When reasonably requested, Awardee shall furnish, and cause all its subcontractors to furnish, all reports and information required hereunder, and will permit access to its books, records, and accounts, by the City, HUD or its agent, or other authorized federal officials for purposes of investigation to ascertain compliance with the statutes, rules, regulations, and provisions stated herein. 0. Awardee shall ensure that where employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, said employees shall not be required or permitted to work, be trained in, or receive services in buildings or surroundings, or under working conditions, which are unsanitary, hazardous, or dangerous to the participants' health or safety. P. Awardee shall comply with Executive Order 11063, as amended by Executive Order 12259, and shall not discriminate against persons on the basis of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital or familial status, or status with regard to public assistance. Awardee shall maintain records and documentation to evidence compliance with this requirement. Awardee shall take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include, but are not limited to, the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Awardee agrees to post in conspicuous places, available to employees and applicants for 8 Archway Clearwater Gardens, LLC Q. employment, notices to be provided by the contracting agency setting forth the provisions of this nondiscrimination clause. Awardee shall comply with the provisions of Section 3 of the Housing and Urban Development Act of 1968 as amended (12 U.S.C. §1701u) and its implementing regulations contained in 24 CRF Part 75 including but not limited to statements in attached Exhibit "D", that requires, to the greatest extent feasible, opportunities for training and employment arising from HOME Funds will be provided to low-income persons residing in the program service area. Also, to the greatest extent feasible, contracts for work to be performed relating to HOME Funds will be awarded to businesses that are in or owned by persons residing in the HOME Program service area. The Borrower will complete a Section 3 form provided by the City. R. Awardee shall comply with Title VIII of the Civil Rights Act of 1968, as amended, Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and the Age Discrimination Act of 1975, along with all applicable regulations associated therewith, all as amended. Awardee shall include the provisions of this paragraph in every subcontract entered into by Awardee associated with this Agreement or this Project. Awardee shall ensure maintenance of records and reports to document compliance. S. Awardee agrees that funds received under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization. T. Except for the Permitted Exceptions listed in the Subordinate Mortgage, Awardee shall not further encumber the Project pursuant to this Agreement without the prior written approval of the City. u. Awardee shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Awardee shall cause the applicable provisions of this Agreement to be included in, and made a part of, any subcontract executed in the performance of this Agreement. Executed copies of all subcontracts entered into by Awardee shall be available for review by the City, along with documentation concerning the selection process. VII. DEBARMENT AND SUSPENSION A. Awardee certifies that Awardee and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation from covered transactions by any federal department or agency; 2. have not within a three (3) year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement(s) or receiving stolen property; 3. are not presently indicted for or otherwise criminally charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated above; and 4. have not within a three (3) year period preceding this Agreement had one (1) or more public transactions (Federal, State or local) terminated for cause or default. 9 Archway Clearwater Gardens, LLC VIII. REMEDIES ON DEFAULT In accordance with 24 CFR Part 200, Awardee agrees that in the event that Awardee breaches this Agreement, and such breach is not cured within the applicable notice and/or cure period, the City may exercise any and all of its rights and remedies under applicable regulations, including the right to terminate this Agreement and recapture or terminate any and all Loan Funds allocated under this Agreement. More specifically: A. If Awardee has materially fails to comply with any provision of this Agreement, or with any rules, statutes, regulations, or ordinances referred to herein, the City will notify Awardee in writing and hand -deliver, with written receipt evidencing the date and time of delivery, or send by certified mail, return receipt requested, a notice of default to the party designated to receive such Notices in Article V of this Agreement. For purposes of this section, the term "materially" means "an important or essential term of the Agreement." B. The City will allow Awardee the opportunity to demonstrate compliance with the Agreement requirements in question. Awardee shall offer evidence of such compliance within thirty (30) calendar days from receipt of the written notice of default, or, if it is not reasonably capable to cure such noncompliance with reasonable efforts within 30 days, for such additional time as may be reasonably necessary, provided Awardee commences the cure within the 30 -day period and thereafter proceeds diligently to complete the cure. Substantial compliance shall not constitute compliance with the terms and conditions of this Agreement unless the City expressly agrees to the substantial compliance in writing. C. If Awardee fails to demonstrate compliance with the Agreement requirements in question to the City, the City may, in its sole and absolute discretion in addition to imposing any of the special conditions specified in 24 CFR § 84.14, take corrective or remedial action(s) as follows: 1) Corrective or remedial action will be designed to prevent a continuation of the deficiency, mitigate any adverse effects, and prevent recurrence of the deficiency. 2) Corrective or remedial action may include: (a) Temporarily withholding cash payments pending correction of the deficiency by Awardee; (b) Specific activities required by the City to correct the deficiency and to be accomplished by Awardee in a specified time frame; (c) Reprogramming any balance of Loan Funds made available under this Agreement from deficient activities, or any activity funded under this Agreement, to other eligible activities; (d) Suspension of Loan Fund disbursements for deficient activities, or any activities funded under this Agreement and subsequent termination of this Agreement in its entirety; (e) Termination of this Agreement in its entirety and requiring that the Awardee repay to the City any and all Loan Funds advanced under this Agreement; (f) Suspension of Awardee from participation in any future allocations of Loan Funds from the City; or 10 Archway Clearwater Gardens, LLC (g) Taking other remedial actions that may be legally available to City. D. In the event Awardee is dissolved, ceases to exist, or becomes unable for any reason to fulfill its obligations under this Agreement, the City will require Awardee to fully repay to the City any and all amounts advanced under this Agreement. E. Notwithstanding any other provision of this Agreement, should there be any fraud, misrepresentation, embezzlement, or any other criminal activity by Awardee associated with this Project, the City may pursue all legal and equitable remedies available to it against the Awardee. F. Any decision regarding corrective, remedial, legal or equitable remedies or actions to be taken regarding this Agreement or Project shall be at the sole option and absolute discretion of the City. A decision by the City to pursue one course of action shall not constitute a waiver of any other course of action the City may pursue under this Article VIII, Remedies on Default. G. Pursuant to 24 CFR § 92.205(e), should this Agreement be terminated before completion of the Project, either voluntarily or otherwise, any HOME Funds invested in the Project that are the subject of this Agreement shall be repaid to the City's HOME Investment Trust Fund in accordance with 24 CFR § 92.503(b). IX. TERMINATION FOR CONVENIENCE The City may terminate this Agreement upon thirty (30) calendar days prior written notice to the Awardee contact person indicated in Section V. of this Agreement. The notice of termination shall set forth the reasons for such termination and the effective date of termination. In the event of a termination under this Article IX, Awardee shall not be required to return any Loan Funds already disbursed to Awardee. X. MISCELLANEOUS PROVISIONS A. The officials who executed this Agreement hereby represent and warrant that they have full and complete authority to act on behalf of the City and Awardee, respectively, and that by their signatures below, the terms and provisions hereof constitute valid and enforceable obligations of each. B. This Agreement shall be executed in the original, and any number of executed copies. Any copy of this Agreement so executed shall be deemed an original and shall be deemed authentic for any other use. C. The terms and conditions of this Agreement shall be binding upon the parties hereto, their respective successors and assignees. D. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer and employee between the parties. Awardee shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. E. Awardee shall not assign or transfer any interest in this Agreement without the prior written approval of the City. F. This Agreement shall be construed according to the laws of the State of Florida. 11 Archway Clearwater Gardens, LLC G. Should any part, term or provision of this Agreement, or portions thereof, be determined by a court of competent jurisdiction to be illegal, void or unenforceable, the validity of the remaining portions or provisions shall not be affected thereby. XI. INDEMNITY Awardee agrees that it shall indemnify and hold harmless the City, its officers, agents, directors and employees from: A Any claims or losses for services rendered by any subcontractor, person or firm performing or supplying services, materials or supplies in connection with the performance of this Agreement. B Any claims or losses resulting to any person or firm injured or damaged by the erroneous, willful, or negligent acts or omissions, including disregard of Federal, State, and local statutes or regulations, by Awardee, its officers, employees or subcontractors in the performance of this Agreement. XII. NON-RECOURSE PROVISION Notwithstanding any of the foregoing provisions, it is expressly understood by the parties hereto that none of the members, managing or non -managing, of the Awardee shall have any personal liability, and the sole recourse of the City shall be to the Project and assets of the Awardee. XIII. TIME OF PERFORMANCE Awardee shall commence Project activities included in Article I, Scope of Services, only after receipt of the City Notice to Proceed. Awardee shall complete all activities included in Article I, Scope of Service, within four (4) years from the date the City issues the Notice to Proceed. XIV. TERM OF AGREEMENT This Agreement shall be in full force and effect from the date first written above and shall remain in force until the end of the Affordability Period. XV. AMENDMENT OR MODIFICATION The parties may amend or modify this Agreement at any time, provided that such amendment(s) or modification(s) make specific reference to this Agreement and are executed in writing by a duly authorized representative of both parties. Such amendment(s) or modification(s) shall neither invalidate this Agreement, nor relieve or release the parties from their obligations under this Agreement, except as expressly set forth therein. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGES FOLLOW] 12 Archway Clearwater Gardens, LLC IN WITNESSES WHEREOF, this Agreement has been duly signed and sealed by the parties hereto on or as of the day and year first above written. City: City of Clearwater, Florida, a Florida municipal corporation By: Name. enn fer P irrier Its: City Manager Federal ID Number: 59-6000289 Awardee: Archway Clearwater Gardens, LLC, a Florida limited liability company By: Archway Clearwater Gardens Manager, LLC, a Florida limited liability company its Manager By: Archway Partners, LLC, a Florida limited liability company its Manager By: Brett Green, Sole Member Federal ID Number: DUNS Number: 13 Archway Clearwater Gardens, LLC Exhibit "A" Legal Description of Property THE WEST 100 FEET OF LOT 19, THE PADGETT ESTATE SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 11, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; AND LOT 18, AND THE EAST 108.5 FEET OF LOT 19, LESS THE EAST 20 FEET OF LOT 18 AND THE SOUTH 20 FEET OF LOTS 18 AND 19, PREVIOUSLY DEDICATED FOR ROAD RIGHT-OF-WAY PURPOSES, OF THE PADGETT ESTATE SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 11, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; AND LOTS 28, 29, 30 AND 31, RE -SUBDIVISION LOTS 11, 12, 13, 14 & 15, PADGETT'S ESTATE, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 12, PAGE 24, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; AND LOT 27, RE -SUBDIVISION LOTS 11, 12, 13, 14 & 15, OF PADGETT'S ESTATE PROPERTY OF A.J. MOORE, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 12, PAGE 24, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. ALSO BEING DESCRIBED AS FOLLOWS: A PARCEL OF LAND BEING A PORTION OF LOTS 18 AND 19 THE PADGETT ESTATE SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 11, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND LOTS 27, 28, 29, 30 AND A PORTION OF LOT 31, RE- SUBDIVISION LOTS 11, 12, 13, 14 & 15, PADGETT'S ESTATE, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 12, PAGE 24, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF LOT 27, RE -SUBDIVISION LOTS 11, 12, 13, 14 AND 15 OF PADGETT'S ESTATE AS RECORDED IN PLAT BOOK 12, PAGE 24, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S.89°14'53"E., 211.37 FEET, ALONG THE NORTH LINE OF SAID LOT 27 AND LOTS 28, 29, 30 AND 31, RE -SUBDIVISION LOTS 11, 12, 13, 14 AND 15 OF PADGETT'S ESTATE AS RECORDED IN PLAT BOOK 12, PAGE 24, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAID LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF NORTH GROVE STREET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF NORTH BETTY LANE; THENCE S.00°20'22"E., 209.95 FEET, ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF CLEVELAND STREET; THENCE N.89°42'04"W., 387.00 FEET ALONG SAID NORTH RIGHT-OF-WAY LINE TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF NORTH LINCOLN AVENUE; THENCE N.00°08'42"W., 210.00 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE TO THE SOUTHWEST CORNER OF LOT 25, RE -SUBDIVISION LOTS 11, 12, 13, 14 AND 15 OF PADGETT'S ESTATE AS RECORDED IN PLAT BOOK 12, PAGE 24, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S.89°31'10"E., 117.00 FEET ALONG THE SOUTH LINE OF SAID LOT 25 AND LOT 26, RE -SUBDIVISION LOTS 11, 12, 13, 14 AND 15 OF PADGETT'S ESTATE AS RECORDED IN PLAT BOOK 12, PAGE 24, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA TO THE SOUTHWEST CORNER OF SAID LOT 27; THENCE N.00°00'02"E., 76.11 FEET ALONG THE WEST LINE OF SAID LOT 27 TO THE POINT OF BEGINNING. 14 Archway Clearwater Gardens, LLC Exhibit "B" Project Timeline 1. Awardee shall obtain all necessary building permits by June 1, 2024. 2. Awardee shall Commence Construction of the Project by July 1, 2024. 3. Awardee shall have completed 50% of Construction by April 1, 2025. 4. Awardee shall have completed 100% of Construction by January 1, 2026. 5. Awardee shall begin pre -leasing the dwelling units by November 1, 2025. 6. Awardee shall complete leasing the dwelling units by April 1, 2026. 15 Archway Clearwater Gardens, LLC l Exhibit "C" Sources and Uses 1 Tool 1 Per UNI Acquisition Aoquritbn Costs Construction Coneouction OC Fees Nerd Cost Contingency 1,350200 18..667 16252.920 200.653 14% 2.240.699 5% 908.683 Total Carrbuc1on 19.402.503 Soft Costs Aaooutart Coat Cert: 100.000 Third pity (appraisal. Inspections. survey Mc.) 148.500 Environmental 15,000 And rat & Engineering 743.821 Impact Fees 191.307 Other Project Sot Costa 1.71&677 Developer Levi Cats 330.000 Financing Coats - issuance & Origbtelion 327.500 Financing Lager Costs 210.000 Equity Syrdc41cn Comb 497.663 Repleowment Reserve: 24.300 Leese Up Reserve 357.950 Property Tema 67.500 Operating Deicer Reserve 262.444 Debt Remove: 1240.000 Solt Cost Coningsncy S% 133.270 Solt Cabs &96&042 66.001 TOTAL COSTS before Oevetopmr Fee 27,711,546 342,204 Developer Fee 4.053,796 50.047 TOTAL COSTS 31.772,341 312.251 16 Archway Clearwater Gardens, LLC Caubuceon Source of Funds Permanent Same of Funds `SOURCES Per urot Teat Crede Equity: 6.312,869 78.307 21.142297 1st Alaimo 17000.000 209277 4.750.000 City of Clearwabr LGAO Loan 610,000 7.531 610.000 Clearwster CRA Lori 3.000.000 3200.000 Clearwater CRA PIM 1.360.000 16.667 1250,000 Deferred Developer Fee: 3.469.172 42233 919444 TOTAL 31.772,341 312,251 31.772.341 1 Tool 1 Per UNI Acquisition Aoquritbn Costs Construction Coneouction OC Fees Nerd Cost Contingency 1,350200 18..667 16252.920 200.653 14% 2.240.699 5% 908.683 Total Carrbuc1on 19.402.503 Soft Costs Aaooutart Coat Cert: 100.000 Third pity (appraisal. Inspections. survey Mc.) 148.500 Environmental 15,000 And rat & Engineering 743.821 Impact Fees 191.307 Other Project Sot Costa 1.71&677 Developer Levi Cats 330.000 Financing Coats - issuance & Origbtelion 327.500 Financing Lager Costs 210.000 Equity Syrdc41cn Comb 497.663 Repleowment Reserve: 24.300 Leese Up Reserve 357.950 Property Tema 67.500 Operating Deicer Reserve 262.444 Debt Remove: 1240.000 Solt Cost Coningsncy S% 133.270 Solt Cabs &96&042 66.001 TOTAL COSTS before Oevetopmr Fee 27,711,546 342,204 Developer Fee 4.053,796 50.047 TOTAL COSTS 31.772,341 312.251 16 Archway Clearwater Gardens, LLC Exhibit "D" Section 3 Clause Training, Employment and Contracting Opportunities For Business and Lower Income Persons A. Work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that the employment and other economic opportunities generated by HUD assistance of HUD - assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low and very low- income persons, particularly those who are recipients of government assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 75, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with Part 75 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice, the notice will describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work will begin. D. The contractor agrees to include section 3 clause in very subcontract subject to compliance with regulations 124 CFR Part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 75. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 17 Archway Clearwater Gardens, LLC Exhibit "E" Notice of Occupancy Rights and Certification Form To all Tenants and Applicants: The Violence Against Women Act (VAWA) provides protections for victims of domestic violence, dating violence, sexual assault, or stalking. VAWA protections are not only available to women, but are available equally to all individuals regardless of sex, gender identity, or sexual orientation. The U.S. Department of Housing and Urban Development (HUD) is the Federal agency that oversees that [insert name of program or rental assistance] is in compliance with VAWA. This notice explains your rights under VAWA. A HUD -approved certification form is attached to this notice. You can fill out this form to show that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking, and that you wish to use your rights under VAWA." Protections for Applicants If you otherwise qualify for assistance under [insert name of program or rental assistance], you cannot be denied admission or denied assistance because you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. Protections for Tenants If you are receiving assistance under [insert name of program or rental assistance], you may not be denied assistance, terminated from participation, or be evicted from your rental housing because you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. Also, if you or an affiliated individual of yours is or has been the victim of domestic violence, dating violence, sexual assault, or stalking by a member of your household or any guest, you may not be denied rental assistance or occupancy rights under [insert name of program or rental assistance] solely on the basis of criminal activity directly relating to that domestic violence, dating violence, sexual assault, or stalking. Affiliated individual means your spouse, parent, brother, sister, or child, or a person to whom you stand in the place of a parent or guardian (for example, the affiliated individual is in your care, custody, or control); or any individual, tenant, or lawful occupant living in your household. Removing the Abuser or Perpetrator from the Household Your Housing Provider (HP) may divide (bifurcate) your lease in order to evict the individual or terminate the assistance of the individual who has engaged in criminal activity (the abuser or perpetrator) directly relating to domestic violence, dating violence, sexual assault, or stalking. If HP chooses to remove the abuser or perpetrator, HP may not take away the rights of eligible tenants to the unit or otherwise punish the remaining tenants. If the evicted abuser or perpetrator was the sole tenant to have established eligibility for assistance under the program, HP must allow the tenant who is or has been a victim and other household members to remain in the unit for a period of time, in order to establish eligibility under the program or under another HUD housing program covered by VAWA, or, find alternative housing. In removing the abuser or perpetrator from the household, HP must follow Federal, State, and local eviction procedures. In order to divide a lease, HP may, but is not required to, ask you for documentation or certification of the incidences of domestic violence, dating violence, sexual assault, or stalking. Moving to Another Unit Upon your request, HP may permit you to move to another unit, subject to the availability of other units, and still keep your assistance. In order to approve a request, HP may ask you to provide documentation that you are requesting to move because of an incidence of domestic violence, dating violence, sexual assault, or 18 Archway Clearwater Gardens, LLC stalking. If the request is a request for emergency transfer, the housing provider may ask you to submit a written request or fill out a form where you certify that you meet the criteria for an emergency transfer under VAWA. The criteria are: (1) You are a victim of domestic violence, dating violence, sexual assault, or stalking. If your housing provider does not already have documentation that you are a victim of domestic violence, dating violence, sexual assault, or stalking, your housing provider may ask you for such documentation, as described in the documentation section below. (2) You expressly request the emergency transfer. Your housing provider may choose to require that you submit a form, or may accept another written or oral request. (3) You reasonably believe you are threatened with imminent harm from further violence if you remain in your current unit. This means you have a reason to fear that if you do not receive a transfer you would suffer violence in the very near future. OR You are a victim of sexual assault and the assault occurred on the premises during the 90 - calendar -day period before you request a transfer. If you are a victim of sexual assault, then in addition to qualifying for an emergency transfer because you reasonably believe you are threatened with imminent harm from further violence if you remain in your unit, you may qualify for an emergency transfer if the sexual assault occurred on the premises of the property from which you are seeking your transfer, and that assault happened within the 90 -calendar -day period before you expressly request the transfer. HP will keep confidential requests for emergency transfers by victims of domestic violence, dating violence, sexual assault, or stalking, and the location of any move by such victims and their families. HP's emergency transfer plan provides further information on emergency transfers, and HP must make a copy of its emergency transfer plan available to you if you ask to see it. Documenting You Are or Have Been a Victim of Domestic Violence, Dating Violence, Sexual Assault or Stalking HP can, but is not required to, ask you to provide documentation to "certify" that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. Such request from HP must be in writing, and HP must give you at least 14 business days (Saturdays, Sundays, and Federal holidays do not count) from the day you receive the request to provide the documentation. HP may, but does not have to, extend the deadline for the submission of documentation upon your request. You can provide one of the following to HP as documentation. It is your choice which of the following to submit if HP asks you to provide documentation that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. ❑ A complete HUD -approved certification form given to you by HP with this notice, that documents an incident of domestic violence, dating violence, sexual assault, or stalking. The form will ask for your name, the date, time, and location of the incident of domestic violence, dating violence, sexual assault, or stalking, and a description of the incident. The certification form provides for including the name of the abuser or perpetrator if the name of the abuser or perpetrator is known and is safe to provide. ❑ A record of a Federal, State, tribal, territorial, or local law enforcement agency, court, or administrative agency that documents the incident of domestic violence, dating violence, sexual assault, or stalking. Examples of such records include police reports, protective orders, and restraining orders, among others. 19 Archway Clearwater Gardens, LLC ❑ A statement, which you must sign, along with the signature of an employee, agent, or volunteer of a victim service provider, an attorney, a medical professional or a mental health professional (collectively, "professional") from whom you sought assistance in addressing domestic violence, dating violence, sexual assault, or stalking, or the effects of abuse, and with the professional selected by you attesting under penalty of perjury that he or she believes that the incident or incidents of domestic violence, dating violence, sexual assault, or stalking are grounds for protection. ❑ Any other statement or evidence that HP has agreed to accept. If you fail or refuse to provide one of these documents within the 14 business days, HP does not have to provide you with the protections contained in this notice. If HP receives conflicting evidence that an incident of domestic violence, dating violence, sexual assault, or stalking has been committed (such as certification forms from two or more members of a household each claiming to be a victim and naming one or more of the other petitioning household members as the abuser or perpetrator), HP has the right to request that you provide third -party documentation within thirty 30 calendar days in order to resolve the conflict. If you fail or refuse to provide third -party documentation where there is conflicting evidence, HP does not have to provide you with the protections contained in this notice. Confidentiality HP must keep confidential any information you provide related to the exercise of your rights under VAWA, including the fact that you are exercising your rights under VAWA. HP must not allow any individual administering assistance or other services on behalf of HP (for example, employees and contractors) to have access to confidential information unless for reasons that specifically call for these individuals to have access to this information under applicable Federal, State, or local law. HP must not enter your information into any shared database or disclose your information to any other entity or individual. HP, however, may disclose the information provided if: ❑ You give written permission to HP to release the information on a time limited basis. ❑ HP needs to use the information in an eviction or termination proceeding, such as to evict your abuser or perpetrator or terminate your abuser or perpetrator from assistance under this program. ❑ A law requires HP or your landlord to release the information. VAWA does not limit HP's duty to honor court orders about access to or control of the property. This includes orders issued to protect a victim and orders dividing property among household members in cases where a family breaks up. Reasons a Tenant Eligible for Occupancy Rights under VAWA May Be Evicted or Assistance May Be Terminated You can be evicted and your assistance can be terminated for serious or repeated lease violations that are not related to domestic violence, dating violence, sexual assault, or stalking committed against you. However, HP cannot hold tenants who have been victims of domestic violence, dating violence, sexual assault, or stalking to a more demanding set of rules than it applies to tenants who have not been victims of domestic violence, dating violence, sexual assault, or stalking. The protections described in this notice might not apply, and you could be evicted and your assistance terminated, if HP can demonstrate that not evicting you or terminating your assistance would present a real physical danger that: 20 Archway Clearwater Gardens, LLC 1) Would occur within an immediate time frame, and 2) Could result in death or serious bodily harm to other tenants or those who work on the property. If HP can demonstrate the above, HP should only terminate your assistance or evict you if there are no other actions that could be taken to reduce or eliminate the threat. Other Laws VAWA does not replace any Federal, State, or local law that provides greater protection for victims of domestic violence, dating violence, sexual assault, or stalking. You may be entitled to additional housing protections for victims of domestic violence, dating violence, sexual assault, or stalking under other Federal laws, as well as under State and local laws. Non -Compliance with The Requirements of This Notice You may report a covered housing provider's violations of these rights and seek additional assistance, if needed, by contacting or filing a complaint with [insert contact information for any intermediary, if applicable] or [insert HUD field office]. For Additional Information You may view a copy of HUD's final VAWA rule at [insert Federal Register link]. Additionally, HP must make a copy of HUD's VAWA regulations available to you if you ask to see them. For questions regarding VAWA, please contact [insert name of program or rental assistance contact information able to answer questions on VAWA]. For help regarding an abusive relationship, you may call the National Domestic Violence Hotline at 1-800- 799-7233 or, for persons with hearing impairments, 1-800-787-3224 (TTY). You may also contact [Insert contact information for relevant local organizations]. For tenants who are or have been victims of stalking seeking help may visit the National Center for Victims of Crime's Stalking Resource Center at https://www.victimsofcrime.org/our-programs/stalking-resource- center. For help regarding sexual assault, you may contact [Insert contact information for relevant organizations] Victims of stalking seeking help may contact [Insert contact information for relevant organizations]. 21 Archway Clearwater Gardens, LLC CERTIFICATION OF U.S. Department of Housing OMB Approval No. 2577-0286 DOMESTIC VIOLENCE, and Urban Development Exp. 06/30/2017 DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING, AND ALTERNATE DOCUMENTATION Purpose of Form: The Violence Against Women Act ("VAWA") protects applicants, tenants, and program participants in certain HUD programs from being evicted, denied housing assistance, or terminated from housing assistance based on acts of domestic violence, dating violence, sexual assault, or stalking against them. Despite the name of this law, VAWA protection is available to victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation. Use of This Optional Form: If you are seeking VAWA protections from your housing provider, your housing provider may give you a written request that asks you to submit documentation about the incident or incidents of domestic violence, dating violence, sexual assault, or stalking. In response to this request, you or someone on your behalf may complete this optional form and submit it to your housing provider, or you may submit one of the following types of third -party documentation: (1) A document signed by you and an employee, agent, or volunteer of a victim service provider, an attorney, or medical professional, or a mental health professional (collectively, "professional") from whom you have sought assistance relating to domestic violence, dating violence, sexual assault, or stalking, or the effects of abuse. The document must specify, under penalty of perjury, that the professional believes the incident or incidents of domestic violence, dating violence, sexual assault, or stalking occurred and meet the definition of "domestic violence," "dating violence," "sexual assault," or "stalking" in HUD's regulations at 24 CFR 5.2003 (2) A record of a Federal, State, tribal, territorial or local law enforcement agency, court, or administrative agency; or (3) At the discretion of the housing provider, a statement or other evidence provided by the applicant or tenant. Submission of Documentation: The time period to submit documentation is 14 business days from the date that you receive a written request from your housing provider asking that you provide documentation of the occurrence of domestic violence, dating violence, sexual assault, or stalking. Your housing provider may, but is not required to, extend the time period to submit the documentation, if you request an extension of the time period. If the requested information is not received within 14 business days of when you received the request for the documentation, or any extension of the date provided by your housing provider, your housing provider does not need to grant you any of the VAWA protections. Distribution or issuance of this form does not serve as a written request for certification. Confidentiality: All information provided to your housing provider concerning the incident(s) of domestic violence, dating violence, sexual assault, or stalking shall be kept confidential and such details shall not be entered into any shared database. Employees of your housing provider are not to have access to these details unless to grant or deny VAWA protections to you, and such employees may not disclose this information to any other entity or individual, except to the extent that disclosure is: (i) consented to by you in writing in a time-limited release; (ii) required for use in an eviction proceeding or hearing regarding termination of assistance; or (iii) otherwise required by applicable law. 22 Archway Clearwater Gardens, LLC TO BE COMPLETED BY OR ON BEHALF OF THE VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING 1. Date the written request is received by victim: 2. Name of victim: 3. Your name (if different from victim's): 4. Name(s) of other family member(s) listed on the lease: 5. Residence of victim: 6. Name of the accused perpetrator (if known and can be safely disclosed): 7. Relationship of the accused perpetrator to the victim: 8. Date(s) and times(s) of incident(s) (if known): 10. Location of incident(s): In your own words, briefly describe the incident(s): This is to certify that the information provided on this form is true and correct to the best of my knowledge and recollection, and that the individual named above in Item 2 is or has been a victim of domestic violence, dating violence, sexual assault, or stalking. I acknowledge that submission of false information could jeopardize program eligibility and could be the basis for denial of admission, termination of assistance, or eviction. Signature Signed on (Date) Public Reporting Burden: The public reporting burden for this collection of information is estimated to average 1 hour per response. This includes the time for collecting, reviewing, and reporting the data. The information provided is to be used by the housing provider to request certification that the applicant or tenant is a victim of domestic violence, dating violence, sexual assault, or stalking. The information is subject to the confidentiality requirements of VAWA. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid Office of Management and Budget control number_ 23 Archway Clearwater Gardens, LLC