LAND USE RESTRICTION AGREEMENT - STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM - 905 CARLTON STPrepared by and Return to:
Terry Malcolm -Smith
City of Clearwater
Economic Development & Housing
P 0 Box 4748
Clearwater, FL 33758-4748
CITY OF CLEARWATER
ECONOMIC DEVELOPMENT & HOUSING
LAND USE RESTRICTION AGREEMENT
STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM
THIS LAND USE RESTRICTION AGREEMENT (this "Agreement" or "LURA") is made
on June 2024, by and between Clearwater Neighborhood Housing Services, Inc, a Florida not-
for-profit corporation (the "Borrower"), whose mailing address is 608 N. Garden Avenue,
Clearwater, Florida 33755, and the City Of Clearwater, Florida, a Florida municipal corporation
(the "City") whose mailing address is P.O. Box 4748, Clearwater, Florida, 33758-4748.
WHEREAS, the Borrower shall construct a single-family dwelling on certain real property
located at 905 Carlton Street, Clearwater, Florida 33755 (the "Property") for the development of
an affordable housing unit for a very low-income tenant described herein (the "Project") and agrees
with the City that the Property, which is subject to an executed Mortgage and Note of even date
herewith (the "Mortgage" and "Note" respectively), shall be subject to the restrictive covenants set
forth herein; and
WHEREAS, the Borrower shall cause the real property to be improved in accordance with the
Project's plans and specifications and any amendments thereto previously submitted by the Borrower
to the City and which have been approved by the City, and
WHEREAS, the Borrower agrees that the affordability restrictions contained in this
Agreement shall remain in full force and effect against real property until the end of a thirty (30) -
year affordability period; and
This Agreement is executed in accordance with a loan made by the City to the Borrower in
the original principal amount of One Hundred Seventy -Seven Thousand Seven Hundred and Five
Dollars and 80/100 Cents ($177,705.80), as evidenced by the Note and secured by the Mortgage; 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; and
NOW, THEREFORE, in consideration of funds the City has provided to the Borrower for a
loan to finance the construction of the affordable single-family unit, including closing costs, and
other related cost as associated with the project in the City of Clearwater, Pinellas County, Florida,
described as: Legal Description attached as Exhibit "A", (also described as Parcel Number: 10-29-
15-43596-003-0140), the Borrower will comply, and will require any subsequent purchaser of the
Property to comply with the following:
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The Borrower acknowledges that this Agreement is necessary in order to comply with the
requirements of the SHIP Program, as stated at Chapter 67-37 Florida Administrative Code, and
Sections 420.907-420.9089, Florida Statutes, as may amended from time to time, from which funds
were obtained to finance such loan, or a portion thereof, and hereby covenants and agrees that in
connection with the construction, ownership, and operation of the property, it will comply, and will
require any subsequent purchaser of the property to comply, with the following covenants and
restrictions on the use of the Property:
1. Affordability of Assisted Units. During the affordability period, as defined in Section
2, the unit to be constructed shall be a SHIP -assisted unit and shall be held available for rental on a
continuous basis to a person or family who, at the commencement of the occupancy by each tenant
of such unit, shall have annual income which do not exceed unit set-aside requirements as follows:
The SHIP -assisted unit shall be rented or held available for rental by persons having an
annual household income which does not exceed fifty percent (50%) of area median income as
defined by HUD, with adjustments for family size.
Rent for the SHIP Program is revised annually and is available from the Florida Housing
Finance Corporation. In the event that the SHIP designated rents should be reduced in any given
year, the Borrower is not required to accept rents lower than rents in the initial contract or agreement.
Rents are not considered to be Program Income under this Agreement.
2. Affordability Period. For the purpose of this Agreement, the affordability period for
the SHIP -assisted unit shall commence upon the date of execution of the Mortgage, the Note, and this
LURA and end on the last day of the thirtieth (30th) year thereafter or the duration of SHIP -assisted
financing, whichever is longer.
3. Tenant Income. The Borrower shall determine and verify the Income Eligibility of
tenant in accordance with the HUD Section 8 Program definition of annual (gross) income in 24 CFR
Part 5. Income shall be calculated by annualizing verified sources of income for the household as the
amount of income to be received by a household during the twelve (12) months following the
effective date of the determination. Annual income, as defined in Section 420.9071(4), F.S, must be
used and the SHIP Program limits cannot be exceeded. The Borrower shall maintain complete and
accurate income records pertaining to the tenant occupying a SHIP -assisted unit. At a minimum,
records for the occupied SHIP -assisted unit shall contain the following documentation:
A. The tenant's complete application and related information including the name of each
household member, proof of identity, and employment, income and asset information for each
household member;
B. A copy of the lease agreement listing the term of tenancy and each tenant residing in the
unit;
C. Verification of income of each tenant as is acceptable under Section 8 of the U.S.
Housing Act of 1937, as amended;
D. Information as to the assets owned by each tenant; and
E. Tenant Income Certification Form TIC -1, Rev.03/2021.
The Borrower shall recertify the income of existing tenant annually following the same
procedures as at initial certification. A tenant's income is likely to change over time. If these changes
occur during the affordability period, the Borrower must take steps to maintain compliance with
SHIP Program rent and occupancy requirements.
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4. Tenant Leases and Protections. The Borrower shall comply with the provisions of the
Landlord Tenant Act defined in Chapter 83 Part II of the Florida Statutes, and City requirements
which prohibit certain lease terms. The tenant lease for SHIP -assisted unit shall be expressly
subordinate to the Mortgage of an even date herewith and shall contain clauses, among others,
wherein each individual lessee:
A. Agrees that the household income, household composition and other eligibility
requirements shall be deemed substantial and material obligations of tenancy; that tenant
will comply promptly with all requests for information with respect thereto from the
Borrower and City, and that tenant's failure to provide accurate information about
household income or refusal to comply with a request for 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 the Borrower; and
C. Agrees that the lease shall be for a one-year period, unless other terms are mutually
agreed upon by the Borrower and tenant.
5. Nondiscrimination. The Borrower shall not discriminate, as defined by state or federal
statute, or by local ordinance, on the basis of race, creed, color, age, sex, familial status, pregnancy,
disability, religion, or national origin in the lease, use or occupancy of the units or in connection with
the employment or application for employment of persons for the operation and management of the
Property. Neither the Borrower nor Manager shall illegally discriminate against a tenant or
prospective tenant solely because they are eligible to receive rental assistance. The Borrower and
Managers shall not refuse to lease the unit to a certificate or voucher holder under HUD Section 8
Rental Certificate or Voucher Programs or to the holder of a comparable document evidencing
participation in a tenant -based rental assistance program solely because the prospective tenant is a
holder of such certificate, voucher, or comparable tenant -based assistance document. Neither the
borrower nor Manager shall discriminate against a tenant or prospective tenant during or after the
solicitation process, and shall use their best effort to ensure that the tenant is provided with a living
environment free from harassment or discrimination by vendors, or providers of any services
associated with the assisted housing units.
6. Monitoring and Inspection. The Borrower shall permit the City, or its designee to
inspect all records, including but not limited to financial statements, pertaining to the assisted unit
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 and SHIP -
Program rules. The Borrower acknowledges that the City, or its designee must, from time to time,
inspect each assisted unit for compliance with Housing Quality Standards (as defined by HUD for the
Section 8 Program) and local code requirements, and agrees to facilitate such inspections with tenants
as necessary.
The City shall, from time to time, make or cause to be made inspections of the assisted unit
and Property rental records to determine compliance with the conditions specified herein. The City
shall notify the Borrower prior to scheduled inspections, and the Borrower shall make any and all
necessary arrangements to facilitate the City's inspection. The City may make, or cause to be made,
other reasonable entries upon and inspections of the Property, provided that the City shall give the
Borrower notice prior to any such inspection, specifying reasonable cause therefore, related to the
City's interest in the Property.
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7. Annual Compliance Monitoring of Project. Compliance monitoring of the Project
shall be the responsibility of the Borrower, to be performed by a compliance monitor as approved by
the City. The compliance monitor shall be responsible for monitoring the Borrower's compliance
with restrictions regarding the use or occupancy of the project, and ensure that all requirements are
being satisfied on a continuing basis in accordance with this LURA.
8. Defaults; Remedies. If the Borrower 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 to after providing written notice of default and thirty (30) days to
cure, in addition to all other remedies provided by law or in equity:
(a) To compel specific performance by the Borrower of its obligations under this
Agreement, it being recognized that the beneficiaries of Borrower obligations
hereunder cannot be adequately compensated by monetary damages in the event of
Borrower's default.
(b) To cause the Borrower to pay to the City an amount equal to all SHIP funds loaned to
Borrower, less any principal balance previously repaid by Borrower, if the SHIP -
assisted unit is knowingly or negligently rented to persons who do not comply with the
requirements for such unit.
(c) In addition, to these remedies, a default by the Borrower hereunder shall constitute a
default under the Mortgage, the Note, and the Construction Agreement executed on
even date herewith, which will enable the City, after notice and an opportunity to cure
as therein provided, to accelerate the Borrower's loan and take such other actions as
may be permitted under the terms of the aforementioned documents.
9. Notice. All notices provided for herein shall be sent by certified or registered return
receipt requested mail, or by a nationally recognized overnight courier, addressed to the appropriate
party at the address designated for such party in the preamble to this Agreement, or such other
address as the party who is to receive such notice may designate in writing. Notice by mail shall be
completed by depositing the same in a letterbox or other means provided for the posting of mail
addressed to the party with the proper amount of postage affixed thereto. Actual receipt of notice
shall not be required to effect notice hereunder. Notices sent by a nationally recognized overnight
courier service shall be deemed delivered the next business day after deposit with such courier unless
the records of such courier indicate a later delivery in which case the notice shall be deemed received
on the date of delivery.
10. Successors Bound. This Agreement and the covenants and conditions contained herein
shall run with the land and shall bind, and the benefits shall inure to, respectively, the Borrower and
its successors and assigns and all subsequent owners of the Property or any interest therein, and to the
City for the affordability period set forth in Section 2 of this Agreement. The Borrower shall
expressly make the conditions and covenants of this Agreement a part of any deed or other
instrument conveying any interest in the Property, and assisted unit.
11. No Conflict with Other Documents. The Borrower warrants that it has not, and will
not, execute any other contract or 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.
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12. Severability. Should any section or any part of any section of this Agreement be
rendered void, invalid or unenforceable by any court of law, for any reason, such determination shall
not render void, invalid, or unenforceable, any other section or any part of any section in this
Agreement.
13. Enforcement of Terms. The benefits of this Agreement shall inure to, and may be
enforced by the City for the full duration of the affordability period, whether or not the City shall
continue to be the holder of the Mortgage, whether or not the Project loan may be paid in full, and
whether or not any bonds issued for the purpose of providing funds for the project are outstanding.
Breach of these terms during the affordability period may result in recapture of all SHIP funds
expended on the Project.
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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.
(BORROWER SIGNATURE PAGE)
Clearwater Neighborhood Housing
Services, Inc.,
A Florida not-for-profit Corporation.
Jeffrey Jones, Chairman
STATE OF FLORIDA ]
COUNTY OF PINELLAS ]
The foregoing instrument was acknowledged
online notarization, this day of
who is personally known to me or who
WITNESSES (Two Required):
(Type or print names under signature.)
Witness 1 Name:
Print Name:
Address:
Witness 2 Name:
Print Name:
Address:
before me by means of physical presence or
, 2024 by Jeffrey Jones, as Chairman, of
has produced a driver's license as identification.
NOTARY PUBLIC
Print Name:
My Commission expires:
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(CITY SIGNATURE PAGE)
Approved as to Form:
Matthew J. Mytych, Esq.
Assistant City Attorney
6/a ((a 4
Date:
City of Clearwater, Florida,
a Florida municipal corporation.
Jernrifel'Poirrier
City Manager
Date:
Attest:
*p. Rosemarie Call
City Clerk
Date:
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1.0.% --Li
Exhibit "A"
Legal Description
Parcel Number: 10-29-15-43596-003-0140
Legal Description: Lot 14, Block 3, C.E. Jackson's Subdivision, according to the map or plat thereof,
as recorded in Plat Book 2, Page(s) 96, of the Public Records of Hillsborough County, Florida, of
which Pinellas County was formerly a part, Less road.
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EXHIBIT "B"
Prepared by and Return to: Terry Malcolm -Smith
City of Clearwater
Dept. of Economic Development & Housing
P.O. Box 4748
Clearwater, FL 33758
CITY OF CLEARWATER
ECONOMIC DEVELOPMENT AND HOUSING DEPARTMENT
MORTGAGE NOTE
Closing Date: June 28, 2024 Loan Amount: $177,705.80
Borrower: Clearwater Neighborhood Housing Services, Inc.
Property Address: 905 Carlton Street
Clearwater, FL 33755 (the "Property)
Property Tax I.D. No.: 10-29-15-43596-003-0140
1. BORROWER'S PROMISE TO PAY
For value received, Clearwater Neighborhood Housing Services, Inc., a Florida not-for-profit corporation
(the "Borrower") whose mailing address is 608 N Garden Avenue, Clearwater, FL 33755, promises to pay
the sum of One Hundred Seventy -Seven Thousand Seven Hundred Five Dollars and 80/100 Cents
($177,705.80) in U.S. dollars (this amount is called "Principal") to the City of Clearwater, Florida, a Florida
municipal corporation (the "Lender") whose mailing address is P.O Box 4748, Clearwater, FL 33758, but
notwithstanding such expression, the actual indebtedness from time to time evidenced hereby shall be the sum
of all advances made by the Lender, or its agent, to the Borrower hereunder, less the aggregate amount of all
principal repayments made under said Note by the Borrower to the Lender, it being the intent hereof and the
purpose of said Loan and Note to provide a credit which the Borrower may draw against and which Lender
will approve advances from time to time in accordance with proper progress of the contemplated
rehabilitation, as determined by the Lender in its sole discretion, and which Borrower may repay in whole or
in part from time to time, so that the principal amount outstanding thereunder may fluctuate in accordance
with such advances and repayments, but the aggregate principal amount outstanding under the Note shall not
at any time exceed the principal sum of One Hundred Seventy -Seven Thousand Seven Hundred Five
Dollars and 80/100 Cents ($177,705.80). The Lender or anyone who takes this Note by transfer and who is
entitled to receive the value as evidenced by this Note is called the "Note Holder".
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2. INTEREST
The interest rate on this Note will be 0.00% per annum for thirty (30) years. In the event the Borrower
transfers, assigns, sells mortgages, refinances or fails to meet the obligations established by the Mortgage
executed on even date herewith, the Letter of Commitment, the Construction Loan Agreement (all executed
on even date herewith), this Note (these documents collectively known as the "Loan Documents") or any
applicable restrictions or laws, or in any manner disposes of all or a portion of the property which is subject to
this Note and the Mortgage, then the principal and interest, if any, hereunder shall immediately become due
and payable, and such outstanding principal shall begin to bear interest immediately at the rate of three
percent (3%) per annum from the date of such sale, transfer, assignment, mortgage, refinance or other
conveyance, until paid in full.
3. PAYMENTS
(A) Time and Place of Payments
The loan is a 30 -year deferred payment loan with no payment required during the affordability period of thirty
(30) years provided the Borrower does not default on the loan. Pursuant to Section 6, should the Borrower
default on the loan during the affordability period, the entire amount of the loan may become due and
payable. The loan will be forgiven after thirty (30) years.
The undersigned will not be required to make monthly payments. Should the Borrower default, the Borrower
will forward the lump sum payment to the City of Clearwater at P.O. Box 4748, Clearwater, Florida 33758, or
at a different place if required by the Note Holder.
The Note Holder shall have the optional right to declare the amount of the total balance hereof to be due and
forthwith payable in advance of the due date upon the occurrence of any Event of Default or failure to
perform in accordance with any of the terms and conditions set forth in this Note or the other Loan
Documents. Upon exercise of this option by the Note Holder, the entire unpaid principal shall bear interest at
the rate of three percent (3%) per annum. Forbearance to exercise this option with respect to any failure or
breach of the undersigned shall not constitute a waiver of the right as to any continuing failure or breach or
any subsequent failure or breach.
B) AMOUNT OF MONTHLY PAYMENTS
The Borrower will not be required to make monthly payments. The loan is a deferred payment loan. The
deferred principal amount owing to this obligation shall be forgiven in full on the thirtieth anniversary date of
this Note on June 28, 2054 ("Maturity Date"), provided no default has occurred.
4. BORROWER'S RIGHT TO PREPAY
The undersigned has the right to prepay the balance due on this Note according to the amount owed as listed
below. A payment of principal only is known as a "prepayment". When a prepayment is made, the
undersigned must notify the Note Holder, in writing, that they are doing so. Full prepayment or partial
prepayments may be made without paying any prepayment charge. The Note Holder will use all prepayments
to reduce the amount of principal that is owed under this Note. If a partial prepayment is made, there will be
no change in the due date, unless the Note Holder agrees, in writing, to this change. Should the Borrower
sell, refinance, or otherwise transfer title of the property or fail to meet the required obligations the full
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amount of the Note will be due to the Note Holder.
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the
interest or other loan charges collected in connection with this loan exceed the permitted limit, then any sum
already collected which exceeded permitted limits shall be credited as a payment of principal, unless the
undersigned shall notify the Note Holder, in writing, that the undersigned elects to have such excess sum
returned to it forthwith.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
The Loan is a deferred payment loan which does not require monthly payments. A payment will not be
required during the affordability period unless the Borrower defaults on the loan. At the end of the
affordability period, the loan will be forgiven. If the Borrower defaults on the loan, the entire loan amount
may become due and payable.
(B) Default
The loan will be considered in default should the Borrower not abide to the terms and conditions of any of the
Loan Documents. If the undersigned is in default, then after failure of the Borrower to cure the default within
thirty (30) days of written notice of the default under any of the Loan Documents (unless such notice and cure
period is otherwise expressly not required for a particular default event pursuant to any of the Loan
Documents), the full principal amount including any interest that may accrue (as defined in Sections 2 and 3
above) shall become immediately due and payable without further notice.
(D) No Waiver by Note Holder
The remedies of the Note Holder, as provided herein, or in the other Loan Documents, shall be cumulative
and concurrent and may be pursued regularly, successively or together, at the sole discretion of the Note
Holder, and may be exercised as often as occasion therefore shall arise. No act of omission or commission of
the Note Holder, including specifically any failure to exercise any right, remedy or recourse, shall be deemed
to be a waiver or release of the same, such waiver or release to be effected only through a written document
executed by the Note Holder, and then only to the Extent specifically recited therein. A waiver or release
with reference to any one event shall not be construed as a waiver or release of any subsequent right, remedy
or recourse to a subsequent event. Even if, at a time when the undersigned is in default, the Note Holder does
not require immediate payment in full, as described above, the Note Holder will still have the right to do so if
a default occurs at a later time.
(E) Payment of Note Holder's Costs and Expenses
In the event the Note is collected by law or through an attorney at law, or under advice there from, the Note
Holder will have the right to be paid back for all of its costs and expenses in enforcing this Note to the extent
not prohibited by applicable law. Those expenses include, for example, reasonable attorney's fees, which are
defined to include, without limitation, all fees incurred in all matters of collection and enforcement,
construction and interpretations, before, during and after trial, proceedings and appeals, as well as
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appearances in reorganization or similar proceedings, and the cost of paraprofessional personnel working
under supervision of an attorney.
7. GIVING OF NOTICES
All notices provided for herein shall be sent by certified or registered return receipt requested mail, or by a
nationally recognized overnight courier, addressed to the appropriate party at the address designated for such
party in the preamble to this Note, or such other address as the party who is to receive such notice may
designate in writing. Notice by mail shall be completed by depositing the same in a letterbox or other means
provided for the posting of mail addressed to the party with the proper amount of postage affixed thereto.
Actual receipt of notice shall not be required to effect notice hereunder. Notices sent by a nationally
recognized overnight courier service shall be deemed delivered the next business day after deposit with such
courier unless the records of such courier indicate a later delivery in which case the notice shall be deemed
received on the date of delivery.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the
promises made in this Note, including the promise to pay the full amount owed. Any person who is a
guarantor, surety or endorser of this Note is also obligated to do these things. Any person, who takes over
these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to
keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against
each person individually or against all signors together. This means that any one of the signors may be
required to pay all of the amounts owned under this Note.
9. WAIVERS
All persons now or at any time liable, whether primarily or secondarily, for the payment of the indebtedness
hereby evidenced, for themselves, their heirs, legal representatives, successors and assigns respectively,
hereby (a) expressly waive the rights of presentment, demand for payment, notice of dishonor, protest, notice
of nonpayment or protest, and diligence in collection. "Presentment" means the right to require the Note
Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder
to give Notice to other persons that amounts due have not been paid. (b) consent that the time of all payments
or any part thereof may be extended, rearranged, renewed or postponed by the Note Holder hereof and further
consent that the collateral security or any part thereof may be released, exchanged, added to or substituted for
by the Holder hereof, without in anyway modifying, altering, releasing, affecting or limiting their respective
liability or the lien of any security instrument; (c) agreed that the Note Holder, in order to enforce payment of
this Note, shall not be required first to institute any suit or to exhaust any of its remedies against the
undersigned or any other person or party to become liable hereunder. This Note and the instruments securing
it have been executed and delivered in, and their terms and provisions are to be governed and construed by the
laws of the State of Florida.
10. If more than one party shall execute this Note, the term "undersigned", as used herein, shall mean all
parties signing this Note and each of them, who shall be jointly and severally obligated hereunder. In this
Note, whenever the context so requires, the neuter gender includes the feminine and/or masculine, as the case
may be, and the singular number includes the plural.
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11. COPY RECEIVED
Borrower hereby acknowledges receipt of a copy of this instrument.
Notice to Borrower
Do not sign this Note if it contains blank spaces. All spaces should be completed before you sign.
IN WITNESS WHEREOF, this NOTE has been duly signed by the Borrower on this day of
, 2024.
In the presence of:
Signature of Witness
Clearwater Neighborhood Housing Services, Inc., a
Florida not-for-profit corporation.
Name of Witness (Print) By: Jeffrey Jones, Chairman
Address of Witness
Signature of Witness
Name of Witness (Print)
Address of Witness
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me by means ❑ physical presence or ❑ online notarization,
this day of , 2024 by Jeffrey Jones, as Chairman of Clearwater Neighborhood
Housing Services, Inc., who ❑ is/are personally known to me or ❑ who has/have produced a driver's license as
identification.
NOTARY PUBLIC
Signature:
My Commission expires:
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Prepared by: Terry Malcolm -Smith
City of Clearwater
Economic Development & Housing Department
P.O. Box 4748
Clearwater, FL 33758-4748
CITY OF CLEARWATER
ECONOMIC DEVELOPMENT AND HOUSING DEPARTMENT
MORTGAGE
PURPOSE OF LOAN: Construction of Rental Unit
THIS MORTGAGE (this "Mortgage") is made on or as of June 28, 2024, by and between
CLEARWATER NEIGHBORHOOD HOUSING SERVICES, INC., a Florida not-for-profit
corporation (the "Mortgagor"), whose address is 608 N Garden Avenue, Clearwater, FL 33755, and THE
CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, whose address is P.O. Box
4748, Clearwater, Florida 33758-4748 (the "Mortgagee" or "Lender").
WITNESSETH, that to secure the payment of an indebtedness in the principal amount of One Hundred
Seventy -Seven Thousand Seven Hundred Five Dollars and 80/100 Cents ($177,705.80) with, if
applicable, interest thereon, which shall be payable in accordance with a certain Mortgage Note, which
obligation is hereinafter called the "Note", bearing even date herewith, and all other indebtedness which the
Mortgagor is obligated to pay to the Mortgagee pursuant to the provisions of the Note and this Mortgage,
the Mortgagor hereby grants, conveys, and mortgages to the Mortgagee:
ALL that certain lot, piece, or parcel of land situated and being in Pinellas County, Florida, described as
follows: Exhibit "A" attached hereto.
COMMONLY KNOWN AS: 905 Carlton Street, Clearwater, FL 33755
Parcel ID: 10-29-15-43596-003-0140
TOGETHER with all appurtenances thereto and all the estate and rights of the Mortgagor in and to such
property or in any way appertaining thereto: all buildings and other structures now or hereafter thereon
erected or installed, and all fixtures and articles of personal property now or hereafter attached to, or used
in, or in the operation of, any such land, buildings, or structures which are necessary to the complete use
and occupancy of such buildings or structures for the purposes for which they were or are to be erected or
installed, including, but not limited to, all heating, plumbing, bathroom, lighting, cooking, laundry,
ventilating, refrigerating, incinerating, and air-conditioning equipment and fixtures, and all replacements
thereof and additions thereto, whether or not the same are, or shall be, attached to such land, buildings,
structures in any manner, lot improvements, roads, and all other infrastructure improvements; and
TOGETHER with any and all awards now or hereafter made for the taking of the property mortgaged
hereby, or any part thereof (including any easement) by the exercise of the power of eminent domain,
including any award for change of grade of any street or other roadway, which awards are hereby assigned
to the Mortgagee and are deemed a part of the property mortgaged hereby, and the Mortgagee is hereby
authorized to collect and receive the proceeds of such awards, to give proper receipts and acquaintance
therefore, and to apply the same toward the payment of the indebtedness secured by this Mortgage,
notwithstanding the fact that the amount owing thereon may not then be due and payable; and the Mortgagor
Clearwater Neighborhood Housing Services, Inc. June 28, 2024
State Housing Initiatives Partnership (SHIP) Construction Loan Agreement
hereby agrees, upon request, to make, execute, and deliver any and all assignments and other instruments
sufficient for the purpose of assigning each such award to the Mortgagee, free, clear, and discharged of any
encumbrances of any kind or nature whatsoever; and
TOGETHER with all right, title, and interest of the Mortgagor in and to the land lying in the streets and
roads in front of and adjoining the above-described land (all of the above-described land, buildings, other
structures, fixtures, articles of personal property, awards and other rights and interests being hereinafter
collectively called the "Mortgaged Property")
TO HAVE AND TO HOLD the Mortgaged Property and every part thereof unto the Mortgagee, its
successors and assigns forever for the purposes and uses herein set forth.
PROVIDED ALWAYS that if the Mortgagor shall pay unto the Mortgagee all sums required under the
terms of the Note, which Note is in the original principal amount of $177,705.80 and has a maturity date
of June 28, 2054 (Exhibit "B" attached hereto), unless such maturity is accelerated as set forth in the Note,
and shall comply with and abide by each and every one of the stipulations, agreements, conditions, and
covenants of the Loan Documents, as defined below, then in such event this Mortgage and the estate hereby
created shall cease and be null and void.
MORTGAGOR further covenants and agrees with the Mortgagee, as follows:
1. The Mortgagor will promptly pay the principal of and interest on the indebtedness evidenced by the
Note, and all other charges and indebtedness provided therein and, in this Mortgage, at the times and
in the manner provided in the Note and in this Mortgage.
The Commitment Letter, the Note, the Land Use Restriction Agreement and the Construction Loan
Agreement (all executed on even date herewith) together with this Mortgage shall hereinafter
collectively be referred to as the "Loan Documents".
2. The Mortgagor will pay when due, as hereinafter provided, all ground rents, if any, and all taxes,
assessments, water rates, and other governmental charges, fines, and impositions, of every kind and
nature whatsoever, now or hereafter imposed on the Mortgaged Property, or any part thereof, and will
pay when due every amount of indebtedness secured by any lien to which the lien of this Mortgage is
expressly subject.
3. This Mortgage and the Note were executed and delivered to secure monies advanced in full to the
Mortgagor by the Mortgagee as or on account of a loan evidenced by the Note, for the purpose of
making improvements to or on the Mortgaged Property, which improvements are hereinafter
collectively called the "Improvements", and for such other purpose, if any, described or referred to
therein, including construction of the property. The Mortgagor shall make or cause to be made all the
Improvements. If the construction or installation of the Improvements shall not be carried out with
reasonable diligence, or shall be discontinued at any time for any reason, other than strikes, lock -outs,
acts of God, fires, floods, or other similar catastrophes, riots, war, or insurrection, the Mortgagee, after
due notice to the Mortgagor, is hereby authorized (a) to enter upon the Mortgaged Property and employ
any watchmen, protect the Improvements from depreciation or injury and to preserve and protect such
property, (b) to carry out any and all then -existing contracts between the Mortgagor and other parties
for the purpose of making any of the Improvements, (c) to make and enter into additional contracts and
incur obligations for the purposes of completing the Improvements pursuant to the obligations of the
Mortgagor hereunder, either in the name of the Mortgagee or the Mortgagor, and (d) to pay and
discharge all debts, obligations, and liabilities incurred by reason of any action taken by the Mortgagee
as provided in this paragraph, all of which amounts so paid by the Mortgagee, with interest thereon
2
from the date of each such payment, at the default rate as set forth in the Note, shall be payable by the
Mortgagor to the Mortgagee on demand and shall be secured by this Mortgage.
4. No building or other structure or improvement, fixture of personal property mortgaged hereby shall be
removed or demolished without the prior written consent of the Mortgagee. The Mortgagor will not
make, permit, or suffer any alteration of or addition to any building or other structure or improvement
now or which may hereafter be erected or installed upon the Mortgaged Property, or any part thereof,
except the Improvements required to be made pursuant to this Mortgage, nor will the Mortgagor use,
or permit or suffer the use of any of the Mortgaged Property for any purpose other than the purpose or
purposes for which the same is now intended to be used, without the prior written consent of the
Mortgagee. The Mortgagor will maintain the Mortgaged Property in good condition and state of repair
and will not suffer or permit any waste to any part thereof, and will promptly comply with all the
requirements of, state, and local governments, or of any departments, divisions or bureaus thereof,
pertaining to such property or any part thereof.
5. Preservation, Maintenance and Protection of the Property. Mortgagor shall not destroy, damage, or
impair the Mortgaged Property, allow the Mortgaged Property to deteriorate, or commit waste on the
Mortgaged Property. Mortgagor shall maintain the Mortgaged Property in order to prevent it from
deterioration or decrease in value due to its condition. Mortgagor shall comply with all City Codes
relating to maintenance of the Mortgaged Property and shall repair or restore the Mortgaged Property
upon Notice by the City. Failure to comply with this provision may result in Mortgagor's loan being
placed in default.
6. Transfer of the Property, Encumbrances. If all or any part of the Mortgaged Property or an interest
therein is sold or transferred by the Mortgagor without the Lender's prior written consent, including
the creation of a lien or encumbrance subordinate to this Mortgage, the sums hereunder and under the
Note shall be immediately due and payable with interest due from the date of this Mortgage and Note
without further notice to the Mortgagor, or the Mortgagor's successor or assigns.
7. (a) The Mortgagor will keep all buildings, other structures and improvements, including equipment,
now existing or which may hereafter be erected or installed on the Mortgaged Property hereby, insured
against loss by fire and other hazards, casualties and contingencies, in such amounts and manner, and
for such periods, all as may be required from time to time by the Mortgagee. Unless otherwise required
by the Mortgagee, all such insurance shall be affected by Standard Fire and Extended Coverage
Insurance policies in amounts not less than necessary to comply with the coinsurance clause percentage
of the value applicable to the location and character of the property to be covered. All such insurance
shall be carried in companies approved by the Mortgagee, and all policies therefore shall be in such
form and shall have attached thereto loss payable clauses in favor of the Mortgagee and any other
parties as shall be satisfactory to the Mortgagee. All such policies and attachments thereto shall be
delivered promptly to the Mortgagee, unless they are required to be delivered to the holder of a lien of
a mortgage or similar instrument to which this Mortgage is expressly subject, in which latter event,
certificates thereof, indicating Mortgagee's interest with the standard mortgage clause, satisfactory to
the Mortgagee, shall be delivered promptly to the Mortgagee. The Mortgagor will pay promptly when
due, as hereinafter provided, any and all premiums on such insurance, and in every case in which
payment thereof is not made from the deposits therefore required by this Mortgage, promptly submit to
the Mortgagee for examination receipts or other evidence of such payment as shall be satisfactory to
the Mortgagee. The Mortgagee may obtain and pay the premium on (but shall be under no obligation
to do so) every kind of insurance required hereby if the amount of such premium has not been deposited
as required by this Mortgage, in which event the Mortgagor will pay to the Mortgagee every premium
so paid by the Mortgagee, as set forth in this Mortgage.
3
(b) Subject to the rights of any senior lender, in the event of loss or damage to the Mortgaged Property,
the Mortgagor will give to the Mortgagee immediate notice thereof by mail, and the Mortgagee may
make and file proof of loss if not made otherwise promptly by or on behalf of the Mortgagor. Each
insurance company issuing any such policy is hereby authorized and directed to make payment
hereunder for such loss to the Mortgagor and the Mortgagee jointly, unless the amount of loss is payable
first to the holder of a lien under a mortgage or similar instrument to which this Mortgage is expressly
subject; and all the insurance proceeds, or any part thereof, if received by the Mortgagee, may be
applied by the Mortgagee, at its option, either in reduction of the indebtedness hereby secured, or to the
restoration or repair of the Mortgaged Property damaged. In the event of foreclosure of this Mortgage,
or of any transfer of title to the Mortgaged Property in extinguishment of such indebtedness, all right,
title, and interest of the Mortgagor in and to every such insurance policy then in force, subject to the
rights and interest of the holder of any such prior lien, shall pass to the grantee acquiring title to the
Mortgaged Property together with such policy and appropriate assignment of such right, title and
interest which shall be made by the Mortgagor.
8. The Improvements and all plans and specifications therefore shall comply with all applicable municipal
ordinances, regulations and rules made or promulgated by lawful authority, and upon their completion,
shall comply therewith and with the rules of the Board of Fire Underwriters having jurisdiction.
9. Upon any failure by the Mortgagor to comply with or perform any of the terms, covenants, or conditions
of this Mortgage requiring the payment of any amount of money by the Mortgagor, other than the
principal amount of the loan evidenced by the Note, interest and other charges, as provided in the Note,
the Mortgagee may at its option make such payment. Every payment so made by the Mortgagee
(including reasonable attorney's fees incurred thereby), with interest thereon from the date of such
payment, as set forth in this Mortgage, except any payment for which a different rate of interest is
specified herein, shall be payable by the Mortgagor to the Mortgagee on demand and shall become a
lien secured by this Mortgage. This Mortgage with respect to any such amount and the interest thereon
shall constitute a lien on the Mortgaged Property prior to any other lien attaching or accruing subsequent
to the lien of this Mortgage.
10. The Mortgagee, by any of its agents or representatives, shall have the right to inspect the Mortgaged
Property from time to time at any reasonable hour of the day. Should the Mortgaged Property, or any
part thereof, at any time require inspection, repair, care or attention of any kind or nature not provided
by this Mortgage as determined by the Mortgagee in its sole discretion, the Mortgagee may, after notice
to the Mortgagor, enter or cause entry to be made upon the Mortgaged Property and inspect, repair,
protect, care for or maintain such property, as the Mortgagee may in its sole discretion deem necessary,
and may pay all amounts of money therefore, as the Mortgagee may in its sole discretion deem
necessary.
11. The principal amount owing on the Note together with interest thereon and all other charges, as therein
provided, and all other amounts of money owing by the Mortgagor to the Mortgagee pursuant to and
secured by the Mortgage, shall immediately become due and payable without notice or demand upon
the appointment of a receiver or liquidator, whether voluntary or involuntary, for the Mortgagor or any
of the property of the Mortgagor, or upon the filing of a petition by or against the Mortgagor under the
provisions of any State insolvency law, or under the provisions of the Bankruptcy Act of 1898, as
amended, or upon the making by the Mortgagor of an assignment for the benefit of the Mortgagor's
creditors. The following events and any other event or condition of default referenced in the other Loan
Documents shall constitute a default:
(a) Failure to pay the amount of any installment of principal and interest, or other charges
payable on the Note, which shall have become due, prior to the due date of the next such
4
installment;
(b) Nonperformance by the Mortgagor of any covenant, agreement, term, or condition of this
Mortgage, or of the Note (except as otherwise provided in subdivision (a) hereof) or of any
other agreement heretofore, herewith or hereafter made by the Mortgagor with the Mortgagee
in connection with such indebtedness;
(c) Failure of the Mortgagor to perform any covenant, agreement, term, or condition in any
instrument creating a lien upon the Mortgaged Property, or any part thereof, which shall have
priority over the lien of this Mortgage;
(d) The Mortgagee's discovery of the Mortgagor's failure in any application of the Mortgagor to
the Mortgagee to disclose any fact deemed by the Mortgagee to be material, or of the making
therein, or in any of the agreements entered into by the Mortgagor with the Mortgagee
(including but not limited to the Loan Documents) of any misrepresentation by, on behalf of,
or for the benefit of the Mortgagor; or
(e) The sale, or other transfer of any kind or nature of the mortgage property, or any part thereof,
without the prior written consent of the Mortgagee. Upon such occurrence, the sums
hereunder and under the Note shall be immediately due and payable with interest due from
the date of this Mortgage and Note without further notice to Mortgagor, or Mortgagor's
successor or assigns.
In the event of default under this Mortgage, any of the other Loan Documents, or any alternative
promissory note (as may be referenced in the Note), the City's remedies after providing written notice
of default to Mortgagor and (30) thirty days to cure (except when expressly not required to do so under
this section) shall include but not be limited to the right to acceleration of all sums due under the Note
and foreclose on the land subject to the Mortgage; and the City shall be entitled to collect any costs
related to such foreclosure including reasonable attorney's fees. The City retains all other rights and
remedies available at law or in equity.
The Mortgagee's failure to exercise any of its rights hereunder shall not constitute a waiver thereof.
Upon failure to cure any event of default, as detailed in this Section 11, the Note may be declared to be
immediately due and payable.
12. The Mortgagee may from time to time cure each default under any covenant or agreement in any
instrument creating a lien upon the Mortgaged Property, or any part thereof, which shall have priority
over the lien of this Mortgage, to such extent as the Mortgagee may exclusively determine, and each
amount Paid, if any, by the Mortgagee to cure any such default shall be paid by the Mortgagor to the
Mortgagee, and the Mortgagee shall also become subrogated to whatever rights the holder of the prior
lien might have under such instrument.
13. After failure to cure any default hereunder or upon default if a cure period is not required for a specified
default event, the Mortgagor shall upon demand of the Mortgagee, surrender possession of the
Mortgaged Property to the Mortgagee, and the Mortgagee may enter such property, and let the same
and collect all the rents there from which are due or to become due, and apply the same, after payment
of all charges and expenses, on account of the indebtedness hereby secured, and all such rents and all
leases existing at the time of such default are hereby assigned to the Mortgagee as further security for
the payment of the indebtedness secured hereby, and the Mortgagee may also dispossess, by the usual
summary proceedings, any tenant defaulting in the payment of any rent to the Mortgagee.
5
14. The Mortgagee in any action to foreclose this Mortgage shall be entitled to the appointment of a receiver
without notice, as a matter of right and without regard to the value of the Mortgaged Property, or the
solvency or insolvency of the Mortgagor or other party liable for the payment of the Note and other
indebtedness secured by this Mortgage.
15. The Mortgagor, within ten (10) days upon request in person or within twenty (20) days upon request
by mail, will furnish promptly a written statement in form satisfactory to the Mortgagee, signed by the
Mortgagor and duly acknowledged, of the amount then owing on the Note and other indebtedness
secured by this Mortgage, and whether any offsets or defenses exist against such indebtedness or any
part thereof.
16. The Mortgagor will give immediate notice by registered or certified mail to the Mortgagee of any fire,
damage, or other casualty affecting the mortgaged property, or of any conveyance, transfer, or change
in ownership of such property, or any part thereof.
17. Notice. Except where expressly provided otherwise in this Mortgage, All notices provided for herein
shall be sent by certified or registered return receipt requested mail, or by a nationally recognized
overnight courier, addressed to the appropriate party at the address designated for such party in the
preamble to this Mortgage, or such other address as the party who is to receive such notice may
designate in writing. Notice by mail shall be completed by depositing the same in a letterbox or other
means provided for the posting of mail addressed to the party with the proper amount of postage affixed
thereto. Actual receipt of notice shall not be required to effect notice hereunder. Notices sent by a
nationally recognized overnight courier service shall be deemed delivered the next business day after
deposit with such courier unless the records of such courier indicate a later delivery in which case the
notice shall be deemed received on the date of delivery.
18. In case of a foreclosure sale of the Mortgaged Property, it may be sold as one parcel.
19. The Mortgagor will not assign the rents, if any, in whole or in part, from the Mortgaged Property, or
any part thereof, without the prior written consent of the Mortgagee.
20. The Mortgagor is lawfully seized of the Mortgaged Property and has good right, full power and lawful
authority to sell and convey the same in the manner above provided and will warrant and defend the
same to the Mortgagee forever against the lawful claims and demands of any and all parties whatsoever.
21. The Mortgagor hereby waives the benefit of all homestead exemptions as to the debt secured by this
Mortgage and as to any expenditures for insurance, taxes, levies, assessments, dues or charges incurred
by the Mortgagee pursuant to any provision of this Mortgage.
22. This Mortgage and all the covenants, agreements, terms, and conditions herein contained shall be
binding upon and inure to the benefit of the Mortgagor and the heirs, legal representatives and assigns
of the Mortgagor and, to the extent permitted by law, every subsequent owner of the Mortgaged
Property, and shall be binding upon and inure to the benefit of the Mortgagee and its assigns. If the
Mortgagor, as defined herein, consists of two or more parties, this Mortgage shall constitute a grant and
mortgage by all of them jointly and severally, and they shall be obligated jointly and severally under
all the provisions hereof and under the Note. The word "Mortgagee" shall include any person,
corporation, or other party who may from time to time be the holder of this Mortgage. Wherever used
herein, the singular number shall include the plural, the plural number shall include the singular, and
the use of any gender shall be applicable to all genders wherever the sense requires.
6
23. Land Use Restriction Agreement. This Mortgage shall be subject to all terms and conditions of the
Land Use Restriction Agreement recorded of an even date herewith.
IN WITNESS WHEREOF, this Mortgage has been duly signed and sealed by the Mortgagor on or as of
the day and year first above written.
In the presence of:
Signature of Witness
Clearwater Neighborhood Housing Services, Inc., a
Florida not-for-profit corporation.
Name of Witness (Print) By: Jeffrey Jones, Chairman
Address of Witness
Signature of Witness
Name of Witness (Print)
Address of Witness
STATE OF FLORIDA
COUNTY OF PINELLAS
)
)
The foregoing instrument was acknowledged before me by means ❑ physical presence or ❑ online notarization,
this day of , 2024 by Jeffrey Jones as Chairman of Clearwater Neighborhood
Housing Services, Inc., who ❑ is/are personally known to me or ❑ who has/have produced a driver's license
as identification.
NOTARY PUBLIC
Signature:
My Commission expires:
7
Exhibit "A"
Legal Description
Legal Description: Lot 14, Block 3, C.E. Jackson's Subdivision, according to the map or plat thereof, as
recorded in Plat Book 2, Page(s) 96, of the Public Records of Hillsborough County, Florida, of which
Pinellas County was formerly a part, Less road.
Parcel Number: 10-29-15-43596-003-0140
8
AV
CITY OF CLEARWATER
�.. POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748
509 S. EAST AVENUE, SUITE 227, CLEARWATER, FL 33756
es. <, TELEPHONE (727) 562-4030 FAX (727) 464-4265
'•mss Jralf
ECONOMIC DEVELOPMENT
AND HOUSING
June 28, 2024
Jeffrey Jones, Chairman
Clearwater Neighborhood Housing Services, Inc.
608 N. Garden Avenue
Clearwater, Florida 33755
RE: 905 Carlton Street - LOAN COMMITMENT LETTER
Dear Mr. Jones:
The City of Clearwater has reviewed your request for funding for the construction of a single-family rental housing
unit at the property located at 905 Carlton Street, Clearwater, Florida. Congratulations, the City has approved
your request for financing in the amount of $177,705.80 subject to the following terms and conditions:
1. Borrower: Clearwater Neighborhood Housing Services, a Florida not-for-profit corporation.
2. Loan: A non -revolving loan in the amount of $177,705.80 for the construction a single-family rental unit
on real property referenced above.
3. Loan terms: The loan will be provided as zero percent (0%) thirty (30) -year deferred payment loan. No
payment will be required during the thirty (30) -year affordability period. Should the Borrower default on
the loan during the affordability period, the entire amount of the loan may become due and payable. Barring
a default, the loan will be forgiven after thirty (30) years. Default conditions will be outlined in the loan
documents.
4. Loan Funding Source: State Housing Initiatives Partnership (SHIP) Program.
5. Site Control: Owner must maintain proof of insurance and payment of taxes during the term of the loan.
6. Development: Upon completion of the construction, the property must be at minimum code standard and
pass all applicable inspections. Licensed subcontractors must perform all work and work must be
completed in a workmanlike manner. Funding will be disbursed on a pre -determined draw schedule.
Borrower will request loan proceeds disbursement via a written request and will allow the Housing Division
five (5) days within which to inspect the rehabilitation. The Borrower will allow fifteen (15) working days
for payment processing upon the passing of the construction inspection. No funds will be advanced in the
event that either the Housing Division or building department does not approve the work or the percentage
of work completed.
Ryan Cotton, Councilmember
Mike Mannino, Councilmember
Bruce Rector, Mayor
David Allbritton, Councilmember
Lina Teixeira, Councilmember
"Equal Employment and Affirmative Action Employer"
7. Contractor: Borrower must hire licensed contractors to perform the work of required
trades. The City of Clearwater Housing Division will perform periodic inspections in
addition to any inspections required by the City of Clearwater's Building Department.
An inspection by the City's Housing Division must be performed prior to the
disbursement of any draws made in connection with this loan.
8. Rental Tenant: Upon completion of the construction of the unit, the Borrower must rent
the unit to an individual or family whose income does not exceed fifty percent (50%) of
the Area Median Income (AMI) based upon SHIP guidelines in effect at the time of
execution of the rental lease.
9. Collateral: A mortgage on the following described property:
Legal Description: Lot 14, Block 3, C.E. Jackson's Subdivision, according to the map
or plat thereof, as recorded in Plat Book 2, Page 96, of the Public Records of
Hillsborough County, Florida, of which Pinellas County was formerly a part, LESS road.
The following parcel of land EXCLUSIVE of any and all improvements and/or structures
thereon, as to a leasehold interest:
Together with all improvements and appurtenances presently located or hereafter situated
thereon. A Security Agreement constituting a valid lien on the prior perfected security
interest on all fixtures, furnishings and equipment owned by the Borrower then or
thereafter acquired or affixed to or used by the Borrower in the operation of the
mortgaged premises, including without limitation additions replacements substitutions
and after acquired property.
10. Construction Loan Agreement: The Borrower must comply with all elements of the
construction loan agreement upon the closing of this loan. Housing that is
constructed/rehabilitated must meet all applicable state and local Codes, rehabilitation
standards, and ordinances. The assisted unit must meet the accessibility requirements of
the Fair Housing Act and Section 504 of the Rehabilitation Act of 1977.
11. This loan is not assumable by another party without a written request from the borrower
and written approval from the City of Clearwater.
12. The loan will be evidenced by a Land Use Restriction Agreement, Mortgage, Note and
Construction Agreement. The Borrower must adhere to any and all covenants of the
preceding documents as all applicable terms and conditions of the SHIP Program.
13. Clearwater Neighborhood Housing Services, Inc. must maintain an affordability
requirement by ensuring that the maximum allowable rents do not exceed 30 percent
(30%) of the family's adjusted income.
14. Clearwater Neighborhood Housing Services, Inc. will perform annual income
certifications and recertifications for the tenant of the SHIP assisted rental unit. The
annual income of the tenant in the SHIP assisted rental unit must be at fifty percent (50%)
or less of the AMI. The agency will forward the certifications to the City annually.
Clearwater Neighborhood Housing Services, Inc. must allow annual on-site visits for
compliance with property standards, rent and occupancy, lease requirements and tenant
selection.
15. At closing, loan funds will be placed in escrow with Somers Title Company. All
payments must be approved by the City or its agent.
Thank you for your commitment to the provision of affordable housing and allowing the City of
Clearwater to partner with you to meet your goals.
Sincerely,
Charles H. Lane, Jr.
Assistant Director, City of Clearwater, Florida
Economic Development and Housing Division
The undersigned agrees to the above referenced terms and conditions and further agrees to abide
by the requirements of the City of Clearwater and all applicable program requirements.
Clearwater Neighborhood Housing Services, Inc.
By:
Jeffrey Jones, Chairman
Date
CHICAGO TITLE
INSURANCE COMPANY'
Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment
Condition 5.e.:
Issuing AgentSomers Title Company
Issuing Office:1290 Court Street, Clearwater, Florida 33756
Issuing Office's ALTA® Registry ID:1035063
Loan ID Number.
Commitment Number.2406005C
Issuing Office File Number. 2406005C
Property Address: 905 Carlton Street, Clearwater, Florida 33755
Revision Number.
1. Commitment Date: 06/10/2024 @ 8:00 AM
2. Policy to be issued:
b.
SCHEDULE A
2021 ALTA® Loan Policy with Florida Modifications
Proposed Insured: City of ClearwaterlSAOA/ATIMA
Proposed Amount of Insurance: $177,705.80
The estate or interest to be insured: Fee Simple
3. The estate or interest in the Land at the Commitment Date is: Fee Simple
4. The Title is, at the Commitment Date, vested in: Clearwater Neighborhood Housing Services, Inc., a Florida
Not For Profit Corporation
5. The Land is described as follows:
Parcel Number 101129/15/43596/003/0140
Lot 14, Block 3, C.E. Jackson's Subdivision, according to the map or plat thereof, as recorded in Plat Book
2, Page 96 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a
part, LESS road.
Somers Title Company
BY
ut onzed Signatory
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid
without the Notice; the Commitment to Issue Policy, the Commitment Conditions Schedule A; Schedule B, Part I—Requirements; and Schedule B,
Part I1—Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form.
THE TELEPHONE NUMBER TO PRESENT INQUIRIES OR OBTAIN INFORMATION ABOUT COVERAGE AND TO PROVIDE
ASSISTANCE IS 1-800-669-7450
27C170809 ALTA Commitment for Title Insurance (7-1-21) w -FL Mod
Copyright 2021 American Land Title Association. AB rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
AMERICAN
LAND TITLE
ASSOCIATION
CHICAGO TITLE
INSURANCE COMPANY'
SCHEDULE B, PART I—Requirements
All of the following Requirements must be met:
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make
additional Requirements or Exceptions.
2. Pay all taxes, charges, and assessments affecting the Land that are due and payable.
3. Pay the agreed amount for the estate or interest to be insured.
4. Pay the premiums, fees, and charges for the Policy to the Company.
5. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must
be properly authorized, executed, delivered, and recorded in the Public Records.
6. Valid photo identification (ie: Driver's license, Passport- MUST BE CURRENT), and social security numbers
required of all parties to the transaction by the Insuror.
7. Proof of good standing for Clearwater Neighborhood Housing Services, Inc. from the Secretary of State of Florida.
8. Resolution from Clearwater Neighborhood Housing Services, Inc. approving the mortgaging of subject property.
9. Mortgage in favor of City of Clearwater to be executed by Clearwater Neighborhood Housing Services, Inc., a
Florida Not For Profit Corporation in the original principal sum of $177,705.80 encumbering said property described herein,
and to be recorded in the Public Records of Pinellas County, Florida.
This page is only a part of a 2021 ALTA Commitment for 77t1e Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the
Notice; the Commitment to Issue Policy, the Commitment Conditions; Schedule A; Schedule 8, Part I—Requirements; and Schedule B, Part II—Exceptions; end
a counter -signature by the Company or its issuing agent that may be in electronic foram.
THE TELEPHONE NUMBER TO PRESENT INQUIRIES OR OBTAIN INFORMATION ABOUT COVERAGE AND TO PROVIDE ASSISTANCE IS
1-800-669-7450
27C170809
Copyright 2021 American Land Title Association. Ali rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (7-1-21) w -FL Mod
AMERICAN
LAND TITLE
KSOCIATION
CHICAGO TITLE
INSURANCE COMPANY'
SCHEDULE B, PART II—Exceptions
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This
Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each
Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the
remaining provisions of the document will be excepted from coverage.
The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement
identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company:
1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records
or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B,
Part I—Requirements are met.
2. Taxes and assessments for the year 2024 and subsequent years, which are not yet due and payable.
Parcel Number 10/29/15/43596/003/0140. Gross Tax for 2023, $1.727.34
3. Standard Exceptions:
A. Easements, claims of easements, boundary fine disputes, overlaps, encroachments or other matters not
shown by the public records which would be disclosed by an accurate survey of the land.
B. Rights or claims of parties in possession not shown by the public records.
C. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed by law
and not shown by the public records.
D. Taxes or assessments which are not shown as existing liens in the public records.
4. Any claim that any portion of the insured land is sovereign lands of the State of Florida, including submerged, filled
or artificially exposed lands accreted to such land.
5. Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid
service charges for service by any water, sewer or gas system supplying the insured land.
NOTE: The Company reserves the right to make further requirements and/or exceptions upon its review of the proposed
documents creating the estate or interest to be insured or otherwise ascertaining details of the transaction.
NOTE: Exception 1 above shall be deemed deleted as of the time the settlement funds or proceeds of the loan to be
secured by the insured mortgage, as applicable, are disbursed by the Company or its authorized agent. Neither the
Company nor its agent shall, however, be under any duty to disburse any sum except upon a determination that no such
adverse intervening matters have appeared of record or occurred.
6. Restrictions, easements and other matters shown or stated on plat recorded in Plat Book 2, Page 96 of the Public
Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, but omitting any based on
race, color, religion, sex, handicap, familial status or national origin unless only to the extent that the covenant,
condition or restriction (a) is exempt under Title 42 of the United States Code, or (b) relates to handicap, but does
not discriminate against handicapped persons.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the
Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements;; and Schedule B, Part II—Exceptions; and
a counter -signature by the Company or its issuing agent that may be in electronic form.
THE TELEPHONE NUMBER TO PRESENT INQUIRIES OR OBTAIN INFORMATION ABOUT COVERAGE AND TO PROVIDE ASSISTANCE IS
1-800-669-7450
27C170B09 ALTA Commitment for Title Insurance (7-1-21) w -FL Mod
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
AMERICAN
LAND TITLE
ASSOCIATION
CHICAGO TITLE
INSURANCE COMPANY"
7. IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT
The issuing agent is the Company's agent only for the limited purpose of issuing Title insurance
commitments and policies. The issuing agent is not the Company's agent for closing, settlement, escrow, or
arty other purpose.
8. PRO -FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the
coverage that the Company may provide. A pro -forma policy neither reflects the status of Title at the time
that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9. CLAIMS PROCEDURES
This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to
the Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment
Conditions 5 and 6.
10. ARBITRATION
The Policy contains an arbitration clause as follows:
a. All claims and disputes arising out of or relating to this policy, including any service or other matter in
connection with issuing this policy, any breach of a policy provision, or any other claim or dispute
arising out of or relating to the transaction giving rise to this policy, may be submitted to binding
arbitration only when agreed to by both the Company and the Insured. Arbitration must be conducted
pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("ALTA
Rules"). The ALTA Rules are available online at www.alta.org/arbitration. The ALTA Rules
incorporate, as appropriate to a particular dispute, the Consumer Arbitration Rules and Commercial
Arbitration Rules of the American Arbitration Association ("AAA Rules"). The AAA Rules are available
online at www.adr.org.
b. If there is a final judicial determination that a request for particular relief cannot be arbitrated in
accordance with this Condition 18 (Condition 17 of the Loan Policy), then only that request for
particular relief may be brought in court. Al! other requests for relief remain .subject to this Condition 18
(Condition 17 of the Loan Policy).
c. Fees will be allocated in accordance with the applicable AAA Rules. The results of arbitration will be
binding upon the parties. The arbitrator may consider, but is not bound by, rulings in prior arbitrations
involving different parties_ The arbitrator is bound by rulings in prior arbitrations involving the same
parties to the extent required by law. The arbitrator must issue a written decision sufficient to explain
the findings and conclusions on which the award is based. Judgment upon the award rendered by the
arbitrator may be entered in any State or federal court having jurisdiction.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1—Requirements;f
and] Schedule B, Part Il—Exceptions[,• and a counter -signature by the Company or its issuing agent that may be in electronic form].
27C170B09 ALTA Commitment for Title Insurance (7-1-21) w- FL Mod
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
AMERICAN
LAND TITLE
ASSOCIATION
CHICAGO TITLE
INSURANCE COMPANY'
ALTA COMMITMENT FOR TITLE INSURANCE
issued by
CHICAGO TITLE INSURANCE COMPANY
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE
INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE
CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL
OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE
PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY
SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR
THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON,
INCLUDING A PROPOSED INSURED.
THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED
INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS
COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS
COMMITMENT TO ANY OTHER PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule 5, Part I --Requirements; Schedule B, Part II—Exceptions; and the Commitrnent
Conditions, Chicago Title Insurance Company, a Florida Corporation (the "Company"), commits to issue the Policy
according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment
Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in
Schedule A both the specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed
Insured.
If all of the Schedule B, Part I—Requirements have not been met within 180 days after the Commitment Date, this
Commitment terminates and the Company's liability and obligation end.
CHICAGO TITLE INSURANCE COMPANY
4;4`,d(12
Michael J. hol o
Pec,ideat
ATTEST: p eSZCZL
Nlaryatie
Seeertate
This page is only a part of a 2021 ALTA Commitrnent for Title Insurance issued by Chicago Tide Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy, the Commitment Conditions; Schedule A; Schedule B, Part l—Requirements;(
and] Schedule B, Part ll --Exceptions(,• and a counter -signature by the Company or its issuing agent that may be in electronic form].
27C170B09
ALTA Commitment for Title Insurance (7-1-21) w- FL Mod
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
AMERICAN
LAND TITLE
ASSOCIATION
CHICAGO TITLE
INSURANCE COMPANY'
COMMITMENT CONDITIONS
1. DEFINITIONS
a. "Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is unenforceable
under applicable law because it illegally discriminates against a class of individuals based on personal
characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status,
disability, national origin, or other legally protected class.
b. "Knowledge" or "Known": Actual knowledge or actual notice, but not constructive notice imparted by
the Public Records.
c. "Land": The land described in Item 5 of Schedule A and improvements located on that land that by
State law constitute real property. The term "Land" does not include any property beyond that
described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road,
avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent
that a right of access to and from the Land is to be insured by the Policy.
d. "Mortgage": A mortgage, deed of trust, trust deed, security deed, or other real property security
instrument, including one evidenced by electronic means authorized by law.
e. "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association,
issued or to be issued by the Company pursuant to this Commitment.
f. "Proposed Amount of Insurance": Each dollar amount specified in Schedule A as the Proposed
Amount of Insurance of each Policy to be issued pursuant to this Commitment.
g. "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to
be issued pursuant to this Commitment.
h. "Public Records": The recording or filing system established under State statutes in effect at the
Commitment Date under which a document must be recorded or filed to impart constructive notice of
matters relating to the Title to a purchaser for value without Knowledge. The term "Public Records"
does not include any other recording or filing system, including any pertaining to environmental
remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or
national security matters.
i. "State": The state or commonwealth of the United States within whose exterior boundaries the Land is
located. The term "State" also includes the District of Columbia, the Commonwealth of Puerto Rico,
the U.S. Virgin Islands, and Guam.
j. "Title": The estate or interest in the Land identified in Item 3 of Schedule A.
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the
Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end.
3. The Company's liability and obligation is limited by and this Commitment is not valid without
a. the Notice;
b. the Commitment to Issue Policy;
c. the Commitment Conditions;
d. Schedule A;
e. Schedule B, Part I—Requirements; and
f. Schedule B, Part II—Exceptions; and
g. a counter -signature by the Company or its issuing agent that may be in electronic form.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements;]
and] Schedule 8, Part !!—Exceptions[; and a counter -signature by the Company or its issuing agent that may be in electronic fort].
27C170B09 ALTA Commitrnent for Title Insurance (7-1-21) w- FL Mod
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association_
AMERICAN
LAND TITLE
ASSOCIATION
INSURANCEC
OMPANY'
4. COMPANY'S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a
defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the
Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company is not
liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
a. The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual
expense incurred in the interval between the Company's delivery to the Proposed Insured of the
Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's
good faith reliance to:
1. comply with the Schedule B, Part 1—Requirements;
ii. eliminate, with the Company's written consent, any Schedule B, Part H—Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the
• amendment or had Knowledge of the matter and did not notify the Company about it in writing.
c. The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have
incurred the expense had the Commitment included the added matter when the Commitment was first
delivered to the Proposed Insured.
d. The Company's liability does not exceed the lesser of the Proposed Insured's actual expense incurred
in good faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance.
e. The Company is not liable for the content of the Transaction Identification Data, if any.
f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the
Schedule B, Part I—Requirements have been met to the satisfaction of the Company.
g. The Company's liability is further limited by the terms and provisions of the Policy to be issued to the
Proposed Insured.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND
CHOICE OF FORUM
a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this
Commitment.
b. Any claim must be based in contract under the State law of the State where the Land is located and is
restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought
by the Proposed Insured against the Company must be filed only in a State or federal court having
jurisdiction.
c. This Commitment, as last revised, is the exclusive and entire agreement between the parties with
respect to the subject matter of this Commitment and supersedes all prior commitment negotiations,
representations, and proposals of any kind, whether written or oral, express or implied, relating to the
subject matter of this Commitment.
d. The deletion or modification of any Schedule B, Part Il—Exception does not constitute an agreement
or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy.
e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a
person authorized by the Company.
f. When the Policy is issued, all liability and obligation under this Commitment will end and the
Company's only liability will be under the Policy.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Chicago Tide Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements;f
and] Schedule 8, Part II—Fxcepdonsf,,• and a counter -signature by the Company or its issuing agent that may be in electronic form].
27C170B09 ALTA Commitment for Title Insurance (7-1-21) w- FL Mod
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
AME RICAN
LAND TITLE
ASSOCIATION
A. SETTLEMENT STATEMENT
Somers Title Company
1290 Court Street
Clearwater, Florida 33756
(727)441-1088 fax (727)449-1359
B. TYPE OF LOAN
1. El FHA 2. O FNMA 3. ❑ CONV. UNINS.
4. ❑ VA 5. ❑ CONV. INS.
6. Re Number:
2406005C
7. roan Number:
& Mortgage I. Case No.:
C. NOTE: Thisform isflu nished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. hems marked
(pocj were paid outside the closing They are shown here for informational purposes arid are not included in the totals.
Clearwater Neighborhood Housing Services, Inc., a Florida Not For Profit Corporation
D. Borrower: 608 N. Garden Ave
Clearwater, Florida 33755
E. Seller
F. Lender.
City of Clearwater
P.O. Box 4748
Clearwater, Florida 33758
G. Property:
905 Carlton Street
Clearwater, Pinellas County, Florida 33755
JACKSON'S, C. E. SUB BLK 3, LOT 14 LESS RD, Pinellas County, Florida
IL Settlement Agent:
Place of Settlement
Somers Title Company
1290 Court Street, Clearwater, Florida 33756 Pinellas County
I. Settlement Date:
Disbursement Date:
June 28, 2024
July 3, 2024
J. Summary of Borrower's Transaction
100. Gross Amount Due From Borrower.
400. Gross Amount Due To Seller.
101. Contract Sales Price
401. Contract Sales Price
102. Personal Property
402. Personal Property
103. Settlement Charges to Borrower (line 1400)
177,705.80
403.
Adjustments for Items Paid by Seller in Advance:
Adjustments for Items Paid by Seller in Advance:
106. City / Town Taxes
406. City / Town Taxes
107. County / Parish Taxes
407. County / Parish Taxes
108. Assessments
408. Assessments
120. Gross Amount Due from Borrower:
177,705.80
420. Gross Amount Due to Seller
200. Amounts Paid by or in Behalf of Borrower.
500. Reductions in Amount Due to Seller.
201. Deposit / Earnest Money
501. Excess Deposit (see instructions)
202. Principal Amount of New Loan
177,705.80
502. Settlement Charges to Seller (Line 1400)
203. Existing Loans)
503. Existing Loan(s)
204.
504. Payoff of First Mortgage
205.
505. Payoff of Second Mortgage
206.
506. Purchase Money Mortgage
Adjustments for Items Unpaid by Seller.
Adjustments for Items Unpaid by Seller:
210. City / Town Taxes
510. City / Town Taxes
211. County / Parish Taxes
511. County / Parish Taxes
212. Assessments
512. Assessments
220. Total Paid by / for Borrower.
177,705.80
520. Total Reductions in Amount Due Seller:
300. Cash at Settlement from / to Borrower.
600. Cash at Settlement to / from Seller:
301. Gross Amount due from Borrower (line 120)
177,705.80
601. Gross Amount due to Seller (line 420)
302. Less Amount Paid by/for Borrower (line 220)
177,705.80
602. Less Reductions Amount due Seller (line
20)
303. Cash To Borrower:
$0.00
603. Cash From Seller:
May 2007
Settlement Date:June 28, 2024
File Number. 2406005C
L. Settlement Charges
700. Total Sales / Broker's Commission:
Division of Commission as follows
Paid from
Borrower's
Funds at
Settlement
701.
702.
703. Commission Paid at Settlement
800. Items Payable in Connection with Loan:
801. Loan Origination Fee
802. Loan Discount
803. Appraisal Fee
804. Credit Report
805. Lender's Inspection Fee
806. Mortgage Insurance Application Fee
807. Assumption Fee
808. Hold for Construction
175,000.00
900. Items Required by Lender to be Paid in Advance:
901. Daily interest charge from Jul 3, 2024
902. Mortgage Insurance Premium
903. Hazard Insurance Premium
904. Flood Insurance Premium
1000. Reserves Deposited with Lender:
1001. Hazard Insurance
1002. Mortgage Insurance
1003. City Property Taxes
1004. County Property Taxes
1005. Annual Assessments
1100. Title Charges:
1101. Settlement or Closing Fee to Somers Title Company
350.00
1102. Abstract or Title Search to Tony Gatliff
100.00
1103. Title Examination
1104. Title Insurance Binder
1105. Document Creation Fee
1106. Notary Fees
1107. Attorney Fees
(includes above item numbers:
1108. Title Insurance to Chicago Title Insurance Company
(includes above item numbers:
964.00
1109. Lender's Coverage 177,705.80 Risk Rate $964.00
Premium:
1110. Owner's Coverage 0.00
1109.
1111. Archiving Fee to Closers Choice
4200
1112. Wire Fee to Somers Title
25.00
1200. Government Recording and Transfer Charges:
1201. Recording Fees: Deed 0.00 Mortgage 112.00 Releases 0.00
112.00
1202. City/County Tax/Stamps: Deed 0.00 Mortgage 0.00
1203. State Tax/Stamps: Deed 0.00 Mortgage 622.30
62230
1204. Intangible Tax to Clerk of the Circuit Court
350.00
1205.
1206. Record LURA to Clerk of the Circuit Court
69.50
1207. Termination of two NOC/Owner and Contractor Affidavits @835.50 each to Clerk of the
Circuit Court
71.00
1300. Additional Settlement Charges:
1301. Survey
1302. Pest Inspection
1400. Total Settlement Charges (Enter on line 103, Section .1 and line 502, Section IQ
8177,705.80
I have carefully reviewed the Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements
made on my account or by me in this transaction. I further certify that I have received a copy of Settlement Statement
Borrower.
Clearwater Neighborhood Housing Services, Inc.
Jeffrey Jones, Director
The Settlement Statement which I have prepared is a true and accurate account of this transaction. 1 have caused or w0T1 cause the funds to be disbursed in accordance
with the instructions of the parties hereto.
Settlement Agent
Miceli L_ St Germain
May 2007
Date: June 28.2024
CITY OF CLEARWATER
ECONOMIC DEVELOPMENT AND HOUSING DEPARTMENT
CONSTRUCTION LOAN AGREEMENT
This Construction Loan Agreement (this "Agreement") is entered into on June 28, 2024, by and between
THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (herein, "Lender" or the
"City"), whose address is P.O. Box 4748 Clearwater, Florida 33758-4748 and CLEARWATER
NEIGHBORHOOD HOUSING SERVICES, INC., a Florida not-for-profit corporation (the "Borrower"
and collectively with the City the "Parties"), whose address is 608 N Garden Avenue, Clearwater, FL 33755,
and is made in reference to the following facts:
A. Simultaneously with the execution and delivery of this Agreement, the City has made a loan to the
Borrower in the principal amount of One Hundred Seventy -Seven Thousand Seven Hundred Five
Dollars and 80/100 Cents ($177,705.80) (the "Loan"), or as much thereof as may from time to time
be advanced by the City to the Borrower, evidenced by a Note (the "Note") in favor of the City and
first Mortgage (the "Mortgage") encumbering real property located in Pinellas County, Florida, more
particularly described as follows (the "Property"):
Parcel Number: 10-29-15-43596-003-0140
Legal Description: Lot 14, Block 3, C.E. Jackson's Subdivision, according to the map or plat thereof,
as recorded in Plat Book 2, Page(s) 96, of the Public Records of Hillsborough County, Florida, of which
Pinellas County was formerly a part, Less road.
A.K.A. 905 Carlton Street, Clearwater, FL 33755
B. The Borrower desires to make improvements on the Property in accordance with plans and
specifications submitted to the City and requires advances from the City from time to time during the
period of construction, in order to construct said improvements.
C. The City is agreeable to making the advances set forth in Paragraph A above and Exhibit "A" New
Construction Draw Schedule attached hereto as long as such advances are in strict compliance with the
terms and conditions of this Agreement and secured by the lien of the Mortgage, and that construction
is completed no later than eighteen (18) months from the date hereof (the "Construction Date").
NOW THEREFORE, in consideration of the statements as set forth above and the agreements herein made,
and the agreements and covenants contained in the Note and Mortgage executed on even date herewith, the
Borrower and the City do hereby make the agreements set forth herein.
ARTICLE I. REPRESENTATIONS AND WARRANTIES OF BORROWER
Borrower represents and warrants to the City as follows:
(a) Existence. The Borrower, as a Florida not-for-profit corporation, is duly authorized, validly
existing and in good standing under the laws of the state of its incorporation and the laws of the
state in which the Property is located, and its Chairman this Agreement and the Note and Mortgage
is duly authorized and has all necessary corporate power to enter into these agreements.
(b) No Default. The Borrower is not in default and has not breached in any material respect any
agreement or instrument to which it is a party or by which it may be bound, and the execution and
Clearwater Neighborhood Housing Services, Inc. June 28, 2024
State Housing Initiatives Partnership (SHIP) Construction Loan Agreement
(j) Attorney's Fees. Should it become necessary for the City to engage the services of an attorney
due to the failure on the part of the Borrower to promptly and fully perform, comply, and/or abide
by each and every stipulation, agreement, condition and covenant of this Agreement or any related
loan document, the Borrower agrees to pay any and all of the City's attorney fees. The term
"attorney's fees" as used in this Agreement includes any and all legal fees of whatever nature,
including, but not limited to, fees resulting from any appeal of any involuntary order, final
judgment, or any other appellate proceedings arising out of any litigation.
[The remainder of this page intentionally left blank]
delivery of this Agreement, the Note and Mortgage, and the consummation of the other transactions
contemplated herein do not conflict with or result in (i) a violation of any regulation, order, writ,
judgment, injunction or decree of any court or governmental or municipal instrumentality or (ii)
the breach of or default under any agreement or instrument to which the Borrower is a party or by
which it may be bound.
(c) Commencement of Work. There has been no commencement of operation on the Property
incident to the improvements. No activities have occurred prior to the date hereof which could
result in a mechanic's lien or similar lien being filed against the Property which would be superior
to the lien of the Mortgage. No Notice of Commencement has been filed in the Public Records of
Pinellas County in which the property is located.
(d) Compliance with Laws. The Borrower has obtained all necessary governmental approvals
necessary to commence construction of the improvements.
(e) Utilities, Land Use and Zoning. Sewer, water, and all other necessary utilities are available to
serve the Property and the improvements in sufficient quality for their intended use, and the current
land use and zoning classifications of the Property and any covenants and restrictions affecting the
Property may permit the construction and intended use of the improvements without the necessity
of obtaining further approvals, authorizations, waivers, consents, exceptions, or variances.
(f) Absence of Proceedings and Actions. There are no actions, suits or proceedings pending or, to
the knowledge of the Borrower, threatened against or affecting the Borrower or the Property, or
any Guarantors of the loans, if any.
(g)
Financial Statements. All financial statements of the Borrower and the Guarantors, if any, of the
Loan submitted to the City are true and correct as of the date of this Agreement.
ARTICLE II. COVENANTS OF BORROWER
The Borrower covenants to the City that:
(a) Plans and Specifications. The Borrower shall cause to be constructed certain improvements on
the Property in accordance with the plans and specifications, and any amendments thereto
previously submitted by the Borrower to the City and which have been approved by the City. The
plans and specifications, and any amendments thereto, as so approved by the City, shall remain the
property of the City.
(b) Development Work Criteria. Development of the Property and construction of the improvements
shall be in accordance with the plans and specifications, all engineering reports and studies, soil
reports and other similar matters which have heretofore been submitted by the Borrower to the City
for the basis of the Loan, and in compliance with all restrictions, conditions, regulations, and
agencies having control over or jurisdiction over or an interest in the Property and the
improvements. No deviation shall be made in the plans and specifications without the prior written
consent of the City and, to the extent applicable, no change shall be made in any contracts the
Borrower has entered into with respect to construction of the improvements without the prior
written consent of the City.
(c) Commencement and Continuity of Work. Development of the Property and construction of the
improvements shall commence within ninety (90) days from the date of this Agreement and shall
be carried on diligently and without interruption or delay until completed and the same shall be
constructed in a good and workmanlike manner, and in accordance with the plans and specifications
referred to above. Immediately after the recordation of the Mortgage, the Borrower shall file a
Notice of Commencement and post a certified copy thereof on the Property in accordance with
Florida law.
(d) Use of Proceeds and Deficiency in Loan Amount. The Borrower will use the proceeds of the
Loan only for the payment of costs directly associated with the construction of the improvements
and shall not divert such funds for any other purpose. If it appears the construction costs of the
improvements will exceed the net amount available from the Loan, the City, at its discretion, may
require the Borrower to deposit, and the Borrower shall deposit with the City within ten (10) days
after receipt of notice of sufficient sums, which together with a net amount remaining available for
disbursement that will be sufficient to pay all construction and related costs of completing the
improvements in accordance with the plans and specifications. The judgment and determination
of the City as to any such deficiency shall be final and conclusive.
(e) Liens. The Borrower will have any Mechanics' Liens, or other encumbrances which may be filed
against the Property, released or bonded off within ten (10) days of the date the Borrower receives
notice thereof.
(f) Access to Books and Records. The Borrower will permit the City, or its agents, to have at all
reasonable times, unrestricted access to its records, accounting books, contracts, subcontracts, bills
and statements, including any supporting or related vouchers or other instruments, related in any
manner, to the development and construction of the improvements, and the City, or its agents, shall
have the right to copy the same.
(g) Financial Statements. During the time period encompassing development of the Property and
construction of the improvements, or until the Completion Date, whichever occurs first, the City
reserves the right at any time to require updated financial statements from the Borrower and any
Guarantor, if any. The Borrower will permit the City, through any means deemed appropriate by
the City, to verify the correctness of any such updated financial statements.
(h) Delivery of Materials to Property. The Borrower will cause all materials, supplies, and goods to
be incorporated as part of the improvements to be delivered to the Property free and clear of all
liens and encumbrances so that no other party shall have an interest therein, whether superior or
inferior to the lien of the Mortgage.
(i)
Compliance with Mechanics' Lien Law. The Borrower and its general contractor and Agent will
comply in all respects whatsoever with the Florida Mechanics Lien Law as the same may from time
to time exist, and the City shall not be obligated to disburse any funds to the Borrower if, in the
opinion of the City or its counsel, such disbursement would result in a violation of such law.
(j) Access to the Property. The Borrower will permit the City and its agents, at all reasonable times,
to have the right of entry and free access to the Property and the right to inspect the Property and
all work completed, labor performed, and materials furnished thereon or thereabouts.
(k) Services to Benefit the City. INSPECTIONS AND OTHER SERVICES RENDERED BY OR
ON BEHALF OF THE CITY AND WHETHER OR NOT PAID FOR BY THE BORROWER
SHALL BE RENDERED SOLELY FOR THE PROTECTION AND BENEFIT OF THE CITY,
AND THE BORROWER SHALL NOT BE ENTITLED TO CLAIM ANY LOSS OR DAMAGE
AGAINST THE CITY OR ITS AGENTS OR EMPLOYEES FOR FAILURE TO PROPERLY
DISCHARGE THEIR DUTIES TO THE CITY.
(1)
The City's Right to Approve. The City shall have the right to approve all contracts, subcontracts,
purchase orders, or other similar agreements to be entered into by the Borrower with respect to any
portion of the construction of the improvements or any materials, supplies, or labor to be rendered
in connection therewith.
(m) Signage. The Borrower agrees that the City may erect a sign at the construction site in a
conspicuous location indicating that the financing for the project is provided by the City of
Clearwater.
(n) Joinder by Contractor. If the Borrower is employing a General Contractor and/or Agent with
respect to the construction of the improvements, the Borrower will require such Contractor and/or
Agent to join in the execution hereof, and, in the event of a conflict between the terms and
conditions of any such contract and this Agreement, the terms and conditions of this Agreement
shall govern and control.
(o) Further Assurance. The Borrower will, at the City's request, make, do, execute, and deliver to
the City and, where appropriate, shall cause to be recorded or filed at the Borrower's expense any
and all further acts, mortgages, documents, and assurances as may be reasonably necessary to
effectuate, complete, and confirm the transactions sought to be consummated hereunder.
(p)
(q)
Compliance with Note and Mortgage. The Borrower will comply with and abide by all the terms,
conditions, covenants, agreements, representations and warranties contained in the Note and
Mortgage, each of which documents are incorporated herein by this reference thereto. In the event
of a conflict between this Agreement and the Note or Mortgage, the terms and conditions of this
Agreement shall govern and control.
Disputes Between Borrower and the City. In the event any dispute arises between the Borrower
and the City with respect to the construction or meaning of the plans and specifications, the same
shall, at the option of the City, be decided by a competent architect to be selected by the City, but
may be paid for by the Borrower. The decision of such architect or government representative, as
the case may be, shall be conclusive and binding upon the Parties hereto.
(r) Disputes Between Borrower and Contractor and/or Agent. In the event a dispute arises between
the Borrower and Contractor and/or Agent, and the Borrower desires that future disbursements to
Contractor and/or Agent from the construction fund be suspended, the Borrower shall advise the
City in writing of the facts giving rise to the dispute and shall request in writing that disbursements
to the Contractor and/or Agent be suspended. The City shall withhold any disbursements due until
the City receives written instructions signed by the Borrower and the Contractor and/or Agent.
ARTICLE III. DISBURSEMENT OF FUNDS
Disbursement Schedule. Upon satisfaction of all conditions required and specified in the Disbursement
Schedule set forth by Borrower, the City shall disburse funds to the Borrower as set forth in the attached
Draw Schedule — Exhibit "A".
(a) Method of Disbursement. The City, at its option, may disburse the loan funds to or for the
Borrower, the Contractor, and/or Agent for the Borrower. Such election shall not prevent the City
from making subsequent disbursements in a different manner or through a different party.
(b) Disbursement Procedures. Requests for loan disbursements shall be submitted by the Borrower
according to a Disbursement Authorization, which by this reference is incorporated herein and
made a part hereof (the "Disbursement Authorization"). Said authorization shall also serve as the
Borrower's written authorization to the City of where and to whom the disbursements are to be
made and the Parties authorized to request such disbursements.
(c) Disbursement Obligation of the City. Nothing contained in this Agreement, the Note, or
Mortgage shall impose upon the City any obligation to see to the proper application of any
disbursements made pursuant to this Loan, and the sole obligation of the City shall be to disburse
funds as set forth herein, provided there exists no default under this Agreement, the Note, and
Mortgage.
ARTICLE IV. PARTIAL RELEASES
Provided there is no default under terms and conditions of the Commitment Letter, the Land Use Restriction
Agreement (the "LURA"), the Note, the Mortgage (all executed on even date herewith), or this Agreement
(collectively the "Loan Documents"), and provided further that the Loan Commitment contemplates partial
releases of the Property from the lien of the Mortgage, partial releases shall be granted upon the terms and
conditions set forth, if applicable.
ARTICLE V. EVENTS OF DEFAULT
The happening of any one or more of the following events shall constitute a default under this Agreement,
and the other Loan Documents:
(a) Breach of Condition. The Borrower's violation or breach of any term, condition, covenant,
representation or warranty contained in this Agreement, Note, or Mortgage, or other instruments
executed in connection herewith, or if the improvements are not completed on or before the
Completion Date set forth in this Agreement, or the existence of a material misrepresentation of a
fact contained in the documents submitted in support of the Loan.
(b) Transfer of Property. The sale, assignment, pledge, transfer, hypothecation, or other disposition
of any proprietary or beneficial interest in the Borrower or the Property by the Borrower without
the prior written consent of the City.
(c) Impairment of the Property. The occurrence of any condition or situation which, in the sole
determination of the City, constitutes a danger to or impairment of the Property or repayment of
the Loan.
ARTICLE VI. THE CITY'S REMEDIES
Upon the occurrence of any event of default hereunder or under the Loan Documents, the City shall provide
written notice of the default to the Borrower and provide the Borrower thirty (30) days to cure. Upon
providing written notice of a default, the City shall have the absolute right to refuse to disburse any funds
hereunder unless such default is cured within the thirty (30) day period. Upon a failure to cure a default,
the City shall have the absolute right at its option and election and in its sole discretion to:
(a) Possession. Take immediate possession of the Property as well as all other security for the Loan
as is necessary to fully complete the improvements as required hereunder and to do everything in
its sole judgment to fulfill the obligation of the Borrower hereunder.
(b) Exercise. Exercise any of the rights, privileges, or remedies available to the City under the LURA,
Note or Mortgage, or as otherwise may be permitted by applicable law.
(c) Power of Completion. In the event of the death of the Contractor and/or Agent, or in the event of
the bankruptcy of the Contractor and/or Agent, or in the event of the general assignment to creditors
by the Borrower or Contractor and/or Agent during the period of construction of said building and
before completion thereof, or upon any other occasion which might result in cessation of work, the
City shall have full power to take charge of and complete the construction and make disbursements
against the Loan and for the benefit of the Borrower, but shall not in any way be obligated to do
so.
(d) Acceleration. Accelerate the maturity of the Note and Mortgage and demand payment of the
principal sums due thereunder, advances, costs and attorney's fees, whether incurred at the trial or
appellate level, and enforce collection of such payment by foreclosure of the Mortgage or other
appropriate action in a court of competent jurisdiction.
The remedies and rights of the City hereunder and under the Note and Mortgage shall be cumulative and
not mutually exclusive. The City may resort to any one or more or all the remedies, but not to the exclusion
of any other remedy. No party, whether contractor, materialman, subcontractor, or supplier, shall have any
interest in loan funds withheld because of default, and shall have no right to garnish, require or compel
payment thereof to be applied towards discharge or satisfaction of any claim of lien which such party may
have for work performed or materials supplied for the construction of the improvements.
ARTICLE VII. THE CITY'S LIABILITIES
(a) The Escrow Account. The Borrower approves the deposit of the construction funds in an escrow
account at Somers Title Company and releases the City from all loss resulting from the handling
of said funds by the Borrower in the usual course of business. The Borrower agrees the holding,
application, and disbursement of said construction funds delivered by the Borrower to the City shall
be for the account of the Borrower; however, it is expressly understood by the Parties that the
holding, application, and disbursement of said construction funds is for the protection of all Parties.
(b) To Third Persons. This Agreement shall not be construed to make the City liable to materialmen,
contractors, craftsmen, laborers, or other for goods or services delivered by them in or upon said
premises, or for debt or claims accruing to any such parties against the Borrower.
(c) INSPECTION SERVICES. IT IS EXPRESSLY AGREED THAT ALL INSPECTION AND
OTHER SERVICES RENDERED BY THE CITY SHALL BE RENDERED SOLELY FOR THE
PROTECTION AND BENEFIT OF THE CITY, AND THE BORROWER SHALL NOT BE
ENTITLED TO CLAIM ANY LOSS OR DAMAGE AGAINST THE CITY. THE CITY SHALL
NOT BE LIABLE FOR THE FAILURE OF ANY DEALER, CONTRACTOR, CRAFTSMAN
OR LABORER TO DELIVER THE GOODS OR PERFORM THE SERVICES TO BE
DELIVERED OR PERFORMED BY THEM.
(d) To the Borrower. The Borrower has accepted, and hereby accepts, the full responsibility for the
selection of his own contractor and subcontractors and all materials, supplies and equipment to be
used in the construction, and THE CITY ASSUMES NO RESPONSIBILITY FOR THE
COMPLETION OF SAID BUILDING OR BUILDINGS, ACCORDING TO THE PLANS AND
SPECIFICATIONS AND FOR THE CONTRACT PRICE. The Borrower has further accepted,
and hereby accepts full responsibility for compliance with the Florida Mechanics' Lien Law and
hereby relieves the City from any and all liability thereunder of any nature whatsoever. Anything
herein contained to the contrary notwithstanding, there shall be no obligation upon the City to make
any additional disbursements hereunder, if at the time of the request for such disbursements the
Borrower is in default or has failed to perform any provision of this Agreement or of the other Loan
Documents.
ARTICLE VIII. MISCELLANEOUS
(a) Notice. All notices provided for herein shall be sent by certified or registered return receipt
requested mail, or by a nationally recognized overnight courier, addressed to the appropriate party
at the address designated for such party in the preamble to this Agreement, or such other address
as the party who is to receive such notice may designate in writing. Notice by mail shall be
completed by depositing the same in a letterbox or other means provided for the posting of mail
addressed to the party with the proper amount of postage affixed thereto. Actual receipt of notice
shall not be required to effect notice hereunder. Notices sent by a nationally recognized overnight
courier service shall be deemed delivered the next business day after deposit with such courier
unless the records of such courier indicate a later delivery in which case the notice shall be deemed
received on the date of delivery.
(b) Governing Law and Venue. This Agreement, the Note, and the Mortgage shall be governed and
construed in accordance with the laws of the State of Florida and the exclusive venue for any
litigation arising out of these documents shall be in Pinellas County, Florida.
(c) Modification and Waiver. No provision of this Agreement, the Note, or the Mortgage shall be
amended, waived, or modified except by an instrument in writing signed by the Parties against
whom such amendment, waiver, or modification is sought to be enforced.
(d) Severability. The inapplicability or unenforceability of any provision of this Agreement, the Note,
or Mortgage shall not limit or impair the operation or continued validity of any other provision of
this Agreement, the Note, and Mortgage.
(e) Counterparts. This Agreement may be executed in any number of counterparts, each of which,
when executed and delivered, shall be an original, and such counterparts together constitute one
and the same instrument.
(f) Assignability. The Borrower shall not assign this Agreement, or any part of any advance to be
made hereunder, or convey, encumber, mortgage, lease, in whole or in part, any portion of the
Property without the prior written consent of the City. The rights of the City under this Agreement
are assignable by the City, in whole or in part, without the consent of the Borrower. This
Agreement is binding upon the representatives, successors and permitted assigns of the Borrower
and the City.
(g) Waiver of Defaults. Waiver by the City of any breach or default by the Borrower under the terms
of the Note, Mortgage, or this Agreement shall not be deemed to, nor shall the same constitute a
waiver of, any subsequent breach or default on the part of the Borrower.
(h) Expenses. The Borrower shall pay all costs and expenses required to satisfy the condition of this
Agreement or incidental to the Loan, including, without limitation, all taxes, insurance premiums,
recording expenses, stamp taxes, all brokerage fees, appraisal fees, survey costs, and title insurance
costs.
(i)
Beneficiaries. This Agreement is an agreement only by and between the Borrower and the City
and for their benefit and the benefit of their successors and assigns permitted by this Agreement.
No other person or party, including any contractor that assents hereto, shall be a beneficiary hereof
or have any rights hereunder, and no rights are conferred by this Agreement upon any other person
or party, whether or not their name may be used or otherwise identified in this Agreement, or in the
assent of contractor below.
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.
By:
STATE OF FLORIDA
COUNTY OF PINELLAS
CLEARWATER NEIGHBORHOOD
HOUSING SERVICES, INC., a Florida not-for-
profit corporation.
Jeffrey Jones, Chairman
Date:
The foregoing instrument was acknowledged before me by means 0 physical presence or ❑ online notarization,
this _ day of , 2024 by Jeffrey Jones, as Chairman of Clearwater Neighborhood Housing
Services, Inc., who ❑ is/are personally known to me or ❑ who has/have produced a driver's license as
identification.
STATE OF FLORIDA )
COUNTY OF PINELLAS )
NOTARY PUBLIC
Print name:
My Commission expires:
CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation.
B jc:, nnif r Poirrier
Title: City Manager
Date:
this 'day of
The foregoing ins ent was acknowledged before me by means grihysical presence or 0 online notarization,
, 2024 by Jennifer Poirrier as City Manager of the City of Clearwater, Florida
who ❑ is/are person lly known to me or 0 who has/have produced a driver's license as identification.
,�,,,,Y",,,,, PatrIcia DeMilo
NOTARY PUBLIC =:°`' ' '•4 Comm.: HH 387353
Expires: April 17, 2027
Notary Public - State 0 Florida
Print name:
A;(10. C`J An
My Commission expires:
vt� l% )0x7
Borrower:
Address:
First Draw:
20%
Second Draw:
20%
Third Draw:
20%
Fourth Draw:
20%
Final Draw:
20%
Exhibit "A"
New Construction Draw Schedule
Clearwater Neighborhood Housing Services, Inc. Contractor:
Arrow Homes Inc
905 Carlton Street, Clearwater, FL 33755 Funding Amount:
$177,705.80
1. Permit
2. Site prepared, filled, and compacted, if necessary.
3. Footer, stem well, rough plumbing, and/or underground ductwork are properly installed in accordance with plan specifications.
4. Footers and/or foundations for stoops, porches, and terraces, with required reinforcement and flashing are framed and floor slab poured.
5. Proof of builders liability insurance.
6. Proof of soil treatment.
7. Tie-in survey.
All exterior walls and masonry sills are in.
2. Lintel steel in and poured -or wood substitute.
1. Roof is dried -in (one layer of paper tacked down).
2. Interior has been framed according to plans and specifications.
3. All rough electrical work is in place with wires to boxes, etc.
4. All rough plumbing is in.
5. Tubs are set in place and tub trap poured with hot tar.
6. All central heat ducts are in and insulated for air conditioning. If furnace is in interior of house, furnace cubicle framed and ready to set furnace.
7. Shower base is framed, rough plumbing and paper in place and ready to pour.
8. All window frames are set.
1. Roof completely finished.
2. All exterior carpentry work, fascia, and soffits, are finished.
3. All insulation in walls and ceilings.
4. All exterior doors including garage and glass doors installed.
5. All windows permanently installed.
6. If garage or carport, concrete floor is poured and finished.
7. If block, all stucco work is complete.
8. Rough grading around building for drainage is complete.
9. All sheetrock in and finished.
10. All tile or marble windowsills are in.
11. All floors are ready for final finish.
12. All interior doors are on the job and ready to be hung.
13. Sewer line tied in to main sewer.
1. Sod, seed, or sprigging are in place as per plans & specifications.
2. Landscaping is installed.
3. All exterior light switches and boxes are trimmed out.
4. All concrete work, driveways, sidewalks, stoops, porches, and patios are in and finished.
5. Exterior painting and caulking completed.
6. Interior painting complete/wallpapering complete.
7. All cabinets, vanities, and hardware installed.
8. All plumbing fixtures installed and operable.
9. All kitchen equipment, dishwasher, stoves, refrigerator, disposal, and exhaust hood installed as per contract.
10. Hot water tank installed.
11. Furnace and air conditioning in and working.
12. Sealed floors and floor coverings, as called for in plans and specs, are down, in place, and finished.
13. All Interior doors hung complete with hardware.
14. All shelves and clothes bars or shower rods are in place.
15. All interior light fixtures, switches, receptacles, and phone outlets are in and finished with proper plate covers.
16. House is clean -bathroom, kitchen, windows inside and out- and ready for occupancy.
17. Certificate of Occupancy
Signatures certify that the above -captioned property has been inspected and has been found to be ready for the
draw in accordance with the approved disbursement schedule.
Inspector
Date Owner
Date Contractor
Date
Date:
Notice to Proceed
June 28, 2024,
Property Address: 905 Carlton Street
Clearwater, FL 33755
Owner (S): Clearwater Neighborhood Housing Services, Inc.
Contractor: Arrow Homes Inc
Pursuant to the construction Contract signed on June 28, 2024, you are hereby notified
to proceed with the development of the property described above. Upon receipt of this
notice, you are responsible for performing the construction work on said property under
the terms and conditions of the contract and in accordance with the specifications
provided to the City of Clearwater. Construction should begin by
. Pursuant to the provisions of Article 2 of
the Contract, you are hereby given Notice to Proceed with the work within ninety (90)
calendar days from the date of this notice. This notice provides that the work will be
completed within eighteen (18). months from the date of this notice.
Please acknowledge receipt and acceptance of this notice by signing in the space
provided below. Keep a copy and return a copy to:
City of Clearwater, Economic Development & Housing
PO Box 4748, Clearwater, Florida 33758
I acknowledge receipt of this notice on
Authorized signature:
Jeffrey Jones, Chairman, Clearwater Neighborhood Housing
Services, Inc.
Clearwater Neighborhood Housing Services, Inc. June 28, 2024
State Housing Initiatives Partnership (SHIP) Construction Loan Agreement