RELEASE OF LAND USE RESTRICTION AGREEMENT (8)Prepared by: Kara Grande
City of Clearwater
Dept. of Economic Development & Housing -
P.O. Box 4748
Clearwater, FL 33758-4748
CITY OF CLEARWATER
ECONOMIC DEVELOPMENT & HOUSING DEPARTMENT
RELEASE OF LAND USE RESTRICTION AGREEMENT
HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME PROGRAM)
KNOW ALL MEN BY THESE PRESENTS, that the City of Clearwater, Florida, a Florida municipal corporation, does
hereby release the property hereinafter described from a certain Land Use Restriction Agreement bearing the date ofJanuary
19, 2024 and recorded on January 19, 2024 in O.R. Book 22681 Page 2377 of the Public Records of Pinellas County, Florida;
on said property and does hereby declare said Land Use Restriction Agreement fully satisfied. Said property described in
said Land Use Restriction Agreement is as follows: Lot 5, Block "B", PALM PARK (addition to Clearwater), according
to map or plat thereof as recorded in Plat Book 4, Page 86 of the Public Records of Pinellas County, Florida.
Commonly known as: 1203 Blanche B Littleiohn Trail, Clearwater, FL 33755 Parcel LD. 10-29-15-65718-002-0050
IN WITNESS WHEREOF, the City of Clearwater, Florida in its corporate capacity, has caused this Release of Land Use
Restriction Agreement to be executed this fday of.J'U ly , 2024 by its City Manager, City Clerk and Senior Assistant
City Attorney, and the seal of the City to be here affixed.
Approved as to form:
Matthew Mytych, Senior Assi ant City Attorney
STATE OF FLORIDA)
COUNTY OF PINELLAS)
CITY OF CLEARWATER, FLORIDA
By:
Je ' 'er Pfrier, Ci
Atte
Manager
Rosemarie Call, City Clerk
The fore:,oing instrument was acknowledged before me by means of Iihysical presence or 0 online notarization,
this - ii , (date) by Jennifer Poirrier, the City Manager of the City of Clearwater, Florida, who is personally
kno e or who has produced (type of identification) as identification.
t I
WITNESS my handl d official seal this 9� day of 24 , ',' �., Patricia DeMilo
n 1. ( " Comm.: HH 387353
��f
1'h k k, f �,� Fxplres: April 17, 2027
My commission expires: 1_ 7 ( VuU,. ', ,jQ Ya►w%
! �- Not Plabll - BtAto of flurida
Notary Public (type or print name a ow�
1203 Blanche B Littlejohn Trail, Clearwater, FL 33755
Prepared by and Return to:
Terry Malcolm -Smith
City of Clearwater
Economic Development & Housing Department
P.O. Box 4748
Clearwater, FL 33758-4748
1#: 2024014696 BK: 22681 PG: 2377, 01/19/2024
at 10:10 AM, RECORDING 9 PAGES $78.00
KEN , CLERK COURT AND
P NELBLAS COUNTY, L BY DEPUTY CLERK: PC KPR 2R
CITY OF CLEARWATER
ECONOMIC DEVELOPMENT AND HOUSING DEPARTMENT
LAND USE RESTRICTION AGREEMENT
HOME INVESTMENT PARTNERSHIPS PROGRAM
THIS LAND USE RESTRICTION AGREEMENT (this "Agreement"), made on January 19. 2024,
between HABITAT FOR HUMANITY OF PINELLAS COUNTY, INC., a Florida not-for-profit
corporation ("Borrower") its successors, assigns, and transferees of the project described below, whose
mailing address is 13355 49th St N , Suite B, Clearwater, FL 33762, and the CITY OF CLEARWATER,
FLORIDA, a Florida municipal corporation organized and existing under the laws of the State of Florida
(the "City"), whose mailing address is P.O. Box 4748, Clearwater, Florida 33758-4748.
WHEREAS, Borrower shall construct a single-family dwelling on certain real property located at
1203 Blanche B Littlejohn Trail, Clearwater, FL 33755 (the "Property") for the development of an
affordable single-family unit for a low or moderate income homebuyer described herein (the "Project") and
agrees with the City that the real property, which is subject to a Mortgage and Note executed on even date
with this Agreement and shall be subject to the restrictive covenants set forth herein; and
WHEREAS, Borrower shall cause to be improved 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; and
WHEREAS, Borrower agrees that the restrictive covenants shall remain in full force and effect
against the real property until the end of a fifteen (15) -year affordability period; and
WHEREAS, this Agreement shall be properly filed and recorded by the City in the Official Public
Records of Pinellas County, Florida, and shall constitute a restriction upon the use of the property subject
to and in accordance with the terms contained herein.
NOW, THEREFORE, 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: 10-29-15-51948-003-0040)
This construction, or a portion thereof, which has the address of 1203 Blanche B Littlejohn Trail,
Clearwater, FL 33755 (the "Property Address"), and which is described in the mortgage between the City
and the Borrower of even date herewith, the Borrower acknowledges that this Agreement is necessary to
comply with the affordability requirements of the HOME program stated at 24 CFR §92.252, from which
funds were obtained to finance such loan. Borrower covenants and agrees that in connection with the
construction of the single-family home, the City should approve any transfer or sale of the subject property
Habitat for Humanity of Pinellas County, Inc
HOME Investment Partnerships Land Use Restriction Agreement
January 19, 2024
Page 1
1203 Blanche B Littlejohn Trail, Clearwater, FL 33755
and borrower will comply, and will require any subsequent purchaser of the project to comply, with the
following:
1. Covenants and Restrictions on Use of Funds. HOME Investment Partnerships Program
allocations provided to this project will be used for construction of the real property plus
permissible closing costs. During the Period of Affordability as defined herein, the unit shall be
sold to a homebuyer having annual income which does not exceed 80 percent of the median family
income for the area, as determined and made available by the U.S. Department of Housing and
Urban Development (HUD) with adjustments for smaller and larger families at the time of purchase
of the home. If there is not a ratified sales contract with an eligible homebuyer for the housing unit
within nine (9) months of the date of completion, the housing unit must be rented to an eligible
tenant in accordance with 24 CFR §92.252. The home must be the principal residence of the
homebuyer. The income of the persons who will occupy the unit shall be verified by the Borrower
by obtaining third -party verification of current income and verification of assets. Source
documentation evidencing annual income may include wage statements, interest statements,
unemployment compensation statements, and other documentation approved by the City. In the
event that neither of the above methods is suitable, the Borrower may use other methods acceptable
to the City to verify income. Annual income for the purpose of this Agreement shall be as defined
by HUD for the HOME Program. The value of the HOME -assisted unit shall not exceed ninety-
five percent (95%) of the median purchase price for that type of single-family housing for the area.
The maximum per-unit subsidy amount shall not exceed the per -dollar limits established under
HUD. The person or persons purchasing the single-family home shall have fee simple title to the
Property
a) Upon the sale of the housing unit to an eligible homebuyer, the Period of Affordability
shall be enforced on the property (homebuyer) through a Land Use Restriction Agreement
running with the land entered into with the homebuyer.
b) During the period of affordability, the single-family housing unit must be occupied by the
original low- and moderate -income homebuyer. In the event that the homebuyer chooses
to sell the property, the homebuyer must sell the property to another eligible low- and
moderate -income buyer and who will use the property as its principal residence. If the
original homebuyer sells, either voluntarily or involuntarily, during the affordability
period, the homebuyer may receive a fair return on investment.
c) All proceeds, program income, and recaptured funds associated with this project shall be
returned to the City of Clearwater within thirty (30) days of receipt by the Borrower.
d) Any noncompliance with the requirement of this Section shall be corrected within thirty
(30) days after such error is first discovered or would have been discovered by the exercise
of reasonable diligence.
2. Affordability Period. For the purpose of this Agreement, the Period of Affordability shall be a
period beginning when the HOME funds are invested and ending at the end of the fifteenth (15th)
year thereafter from the date of this agreement.
3. Property Standards. The single-family housing unit shall meet and maintain all applicable local
codes, the International Property Maintenance Code, the Florida Building Code, ordinances, and
zoning ordinances at the time of project completion. The HOME -assisted housing unit must meet
all applicable State and local housing quality standards, code requirements, and accessibility
requirements at 24 CFR Part 8, which implements Section 504 of the Rehabilitation Act of 1973
Habitat for Humanity of Pinellas County, Inc
HOME Investment Partnerships Land Use Restriction Agreement
January 19, 2024
Page 2
1203 Blanche B Littlejohn Trail, Clearwater, FL 33755
and 24 CFR § 100.20, and must also meet the design and renovation requirements at 24 CFR
§ 100.205, which implements the Fair Housing Act. Design of house must meet the International
Energy Conservation Code (formerly known as the Model Energy Code).; the City also highly
encourages the use of ENERGY STAR® qualified products, including natural gas where available,
in all developed housing.
4. Location of HOME -Assisted Unit. The location of the unit is as follows: 1203 Blanche B
Littlejohn Trail, Clearwater, FL 33755. The Borrower agrees that there will be no material
changes to the design of the project after initial commitment by the City without assurances
provided by Borrower and approved by City that the proposed changes will not adversely affect
the HOME -assisted unit or any provision of this Agreement.
5. No Discrimination. The Borrower shall not discriminate, as defined by Federal Statutes, on the
basis of race, creed, color, sex, age, or national origin in the occupancy of the HOME -assisted unit
or in connection with the employment or application for employment of persons for the operation
and management of the project.
6. Affirmative Marketing Efforts. The Borrower will follow the affirmative marketing procedures
and requirements for the HOME Program to attract an eligible homebuyer in the housing market
area to the available housing without regard to race, color, national origin, sex, religion, familial
status, or disability.
7. Environmental Reviews. Each HOME -assisted project must be assessed for environmental
effects in accordance with the provisions of the National Environmental Policy Act of 1969
(NEPA) and related authorities listed in HUD's implementing regulations at 24 CFR Parts 50 and
58.
8. Displacement, Relocation, and Acquisition. The Borrower will take reasonable measures to
minimize displacement of persons as a result of the project being assisted with HOME funds in
accordance with the requirements of the Uniform Relocation Assistance and Real Properties
Acquisition Act. The borrower shall be responsible for any relocation expenses incurred without
the City of Clearwater approval.
9. Labor. The Borrower shall be responsible for maintaining the prevailing wage rates for HOME -
assisted projects with 12 or more units in accordance with the Davis -Bacon Act (40 U.S.C. 276a -
276a -5).
10. Lead -Based Paint. The Borrower shall be responsible for maintaining that the HOME -assisted
unit meets the requirements listed in the Lead -Based Paint Poisoning Prevention Act and 24 CFR
Part 35.
11. No Conflicts with Other Documents. The Borrower warrants that it has not, and will not, execute
any other agreement with provisions contradictory to, or in opposition to, the provisions hereof,
and that, in any event, the requirements of this Agreement are paramount and controlling as to the
rights and obligations herein set forth and supersede any other requirements in conflict herewith.
12. Requests for Disbursement of Funds. The Borrower shall request funding for the HOME -
assisted project from the City on an as -needed basis.
13. Records. The Borrower shall retain all records pertaining to Project for a period of five years after
audit and/or resolution of audit findings involving this loan. The Borrower shall maintain accurate
Habitat for Humanity of Pinellas County, Inc
HOME Investment Partnerships Land Use Restriction Agreement
January 19, 2024
Page 3
1203 Blanche B Littlejohn Trail, Clearwater, FL 33755
information regarding the occupancy for each HOME -assisted unit during the term of the
affordability period and, at the request of the City, shall submit this information to the City for the
City's review and comment. The Borrower shall maintain documentation substantiating
compliance with affirmative marketing requirements. These Project records shall be made
available to the City, U.S. Department of Housing and Urban Development and/or representatives
of the Comptroller General of the United States for audit, inspection, or copying purposes during
normal business hours. The Owner shall maintain project records that include:
a) A description of the Project assisted with HOME funds, including the location and form
of HOME assistance.
b) The source and application of funds for each project, including supporting
documentation in accordance with 2 CFR §200.302 and §200.303.
c) Records demonstrating the homeownership project meets the minimum per-unit subsidy
in accordance with 24 CFR §92.205(c) and §92.250(a) and subsidy guidelines adopted
in accordance with 24 CFR §92.250(b).
d) Records demonstrating the homeownership project meets the property standards in
accordance with 24 CFR §92.251 and the lead-based paint requirements in accordance
with 24 CFR §92.355.
e) Records demonstrating the person or persons purchasing the HOME -assisted unit are
income eligible in accordance with 24 CFR §92.203.
I) Records demonstrating the purchase price or estimated value after construction for the
homeownership project does not exceed 95% of the median purchase price for the area
in accordance with 24 CFR §92.254.
g)
Records demonstrating the homeownership project meets the affordability requirements
of 24 CFR §92.254 for the required period.
h) Records demonstrating compliance with the written agreements in accordance with
24 CFR §92.504.
i) Records demonstrating compliance with the applicable uniform administrative
requirements in accordance with 24 CFR §92.505.
j)
Records documenting required inspections, monitoring reviews and audits, and the
resolution of any findings or concerns.
k) Records documenting equal opportunity and fair housing requirements in accordance
with 24 CFR Part 100 Fair Housing Act and certifications according to 24 CFR §91.225,
§91.325, and §91.425 (certifications).
1) Records documenting HOME -related financial activities.
m) Records documenting affirmative marketing and Minority Business Enterprise/Woman
Business Enterprise (MBE/WBE) activities.
Habitat for Humanity of Pinellas County, Inc
HOME Investment Partnerships Land Use Restriction Agreement
January 19, 2024
Page 4
1203 Blanche B Littlejohn Trail, Clearwater, FL 33755
14. Monitoring. The Borrower shall permit the City or its designee to inspect all records pertaining to
the 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 HOME
Program rules. If the project is new construction, the Borrower shall provide the required
documentation monthly, until the HOME -assisted unit is sold.
15. Successors Bound. This Agreement and the covenants 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 project or any interest therein, and to the City for the
Period of Affordability set forth in this Agreement.
16. Enforcement of Terms. The benefits of this Agreement shall inure to, and may be enforced by,
the City during the Period of Affordability.
17. Conflict of Interest. The Borrower warrants that no person who exercises or exercised any
functions or responsibilities with respect to HOME activities, or who is in the position to participate
in decisions or gain inside information, may obtain a financial interest or benefit from a HOME
activity; or have an interest in any contract, subcontract, or agreement for themselves or for persons
with business or family ties.
18. Conditions of Religious Organizations. HOME funds may be used for rehabilitation or
construction of housing that is owned by primarily religious organizations and to assist primarily
religious organizations in acquiring housing provided the agreement includes the conditions
prescribed in 24 CFR §5.109 for the use of HOME funds by religious organizations.
19. Uniform Administrative Requirements. If the owner of the HOME -assisted project is a not- for-
profit organization, the owner agrees to comply with applicable federal administrative requirements
and provisions of 2 CFR Part 200 for government entities, or applicable provisions of 2 CFR Part
200 Subpart E for non-profit entities.
20. Severability. The invalidity of any clause, part, or provision of this Agreement shall not affect the
validity of the remaining portion thereof.
21. Notice. All notices provided for herein shall be sent by certified or registered return receipt
requested mail, 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 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.
22. Defaults and 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 HOME funds loaned to
Borrower, less any principal balance previously repaid by Borrower, if any HOME -assisted
Habitat for Humanity of Pinellas County, Inc
HOME Investment Partnerships Land Use Restriction Agreement
January 19, 2024
Page 5
1203 Blanche B Littlejohn Trail, Clearwater, FL 33755
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 Construction Loan Agreement, the HOME Investment Partnership Agreement,
Mortgage, and Note of 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.
Habitat for Humanity of Pinellas County, Inc
HOME Investment Partnerships Land Use Restriction Agreement
January 19, 2024
Page 6
1203 Blanche B Littlejohn Trail, Clearwater, FL 33755
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
(CITY SIGNATURE PAGE)
Approved as to Form:
Matthew J. Mytych, Esq.
Assistant City Attorney
Date., IlialAq
City of Clearwater, Florida,
a Fla k& inunictpal vAnevatiot.
JeM1'iferoirrier
City Manager
Date: 9Lehr.4.It1 I ,� )Da►t/
Attest:
)aLIvt1t 0�
Rosemarie Call
City Cle
Date: Mt t4 10' 8 C
Habitat for Humanity of Pinellas County, Inc
HOME Investment Partnerships Land Use Restriction Agreement
January 19, 2024
Page 7
sisairtallisollimebiandloisilludhoellbahollmy
I J" CESAR FIGUEREDO
+�� sr�� Notary Publk • State of Florida
V3 � Commisston # HH 239361
g \., i My Comm. Expires mar 13, 2026
1 Bonded through National Notary Assn.
inermitmeneentennumnolumloolowePlimPos
1203 Blanche B Littlejohn Trail, Clearwater, FL 33755
(BORROWER SIGNATURE PAGE)
Signature of Witness
/ ill Basi
Habitat for Humanity of Pinellas County, Inc., a
Florida not -for -pr•
Name of Witness (Print)
13355 494i S} 43114ekertJar f 33161
Address of Witness
Signaig3tof Witn3811-
fieNsClic,
Name of ess (Print)
13355' s� N, � fte twJ Fl svo
Address of Witness
By: Michael
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me by means ( physical presence or ❑ online
notarization, this jday of , 2024 by Michael Sutton, as CEO of Habitat for Humanity
of Pinellas County, Inc., who is/are }ersonally known to me or 0 who has/have produced a driver's license
as identification.
NOTARY PUBLIC Ar freje
Print N e
My Commission expires: harrell gavg.
Habitat for Humanity of Pinellas County, Inc
HOME Investment Partnerships Land Use Restriction Agreement
January 19, 2024
Page 8
1203 Blanche B Littlejohn Trail, Clearwater, FL 33755
Exhibit "A"
Legal Description
Parcel Number: 10-29-15-65718-002-0050
Legal Description: Lot 5, Block "B", PALM PARK (addition to Clearwater), according to map or plat
thereof as recorded in Plat Book 4, Page 86 of the Public Records of Pinellas County, Florida.
Habitat for Humanity of Pinellas County, Inc January 19, 2024
HOME Investment Partnerships Land Use Restriction Agreement Page 9
Prepared by: Terry Malcolm -Smith
City of Clearwater -
Dept of Economic Development & Housing -
P.O. Box 4748
Clearwater, FL 33758
LAND USE RESTRICTION AGREEMENT
HOME INVESTMENT PARTNERSHIP PROGRAM
HOME BUYER -Resale
THIS AGREEMENT is entered into as of June 20.2024 between Brittnev Lovette McClendon, an unmarried person,
his/her successors, assigns and transferees regarding the real property described below, hereinafter called
("Homeowner") and the City of Clearwater, Florida, unit of local govemment organized and existing under the laws of the
State of Florida hereinafter called ("City"), whose address is P. O. Box 4748, Clearwater, Florida 33758.
THIS AGREEMENT shall be properly filed and recorded by City in the Official Public Records of the 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
WHEREAS, the Homeowner agrees that the hereafter described Restrictive Covenants shall remain in full force and effect
against the real property until the end of the Period of Affordability.
IN CONSIDERATION of funds the City has provided to finance construction of the fee simple property (Project) on
real property located in the City of Clearwater, Pinellas County, Florida described as: Lot 5, Block "B", PALM PARK
(addition to Clearwater), according to map or plat thereof as recorded in Plat Book 4, Page 86 of the Public Records o
Pinellas County, Florida.;
which has the address of: 1203 Blanche B Littlelohn Trail. Clearwater. FL 33756 (herein Property Address") the
Homeowner acknowledges that these Restrictive Covenants are necessary to comply with program requirements of the
HOME program stated at 24 CFR §92.254, from which funds were obtained to construct a single family unit ("the
Project") and hereby covenants and agrees that he/she will comply, and will require the subsequent purchaser of the
Property to comply, with the following covenants and restrictions in the use of the Property. Homeowner further
acknowledges that the following covenants and restrictions may limit the future resale price of the property.
1. Affordability of Assisted Unit. During the Affordability Period as defined below, homeowner may sell the Property
to income -eligible person or household. The Property may only be sold to buyer whose annual income does
not exceed 80% of the Area Median Income at the time of purchase. Annual income for the purpose of this
Agreement shall be as defined by the U.S. Department of Housing and Urban Development for the HOME
Program, adjusted for family size. Buyer income documentation shall be submitted to the City or it's designee
for approval prior to the sale of the Property.
2. Homeowner Rules. For the duration of the Affordability Period, as defined below, the Homeowner shall occupy
the Property as a full-time primary residence. Homeowner shall not be permitted to rent or lease the unit at any
time during the Affordability Period. These restrictions apply to the initial sale as well as future resale, for the
duration of the Affordability Period; therefore the Homeowner shall assure that a subsequent buyer sign a Land
Use Restriction Agreement (LURA), Affidavit or other City approved Agreement for purchase. Such Agreement
shall be submitted to the City or it's designee for approval prior to the sale of the Property.
3. Affordability Period. For the purpose of the Agreement, the Affordability Period shall commence upon the date
of the initial purchase of the Property by the Homeowner and end on the same date of the Fifteenth (15thi
1
rear thereafter. Subsequent homebuyers of the Property must also agree to comply with homeowner rules, as
described in Section 2, for the remainder of the Affordability Period.
4. Resale. The resale requirements ensure that the price at resale provides the original home -assisted owner a fair
retum on investment and ensure that the housing will remain affordable to a reasonable range of low-income
buyers. Fair return on investment is defined as the average change on the Consumer Price Index (CPI) over
the period of ownership by the Homebuyer.
5. Buyer Income. The City shall determine and verify income eligibility of the buyer of the Property in accordance
with HUD Section 8 Housing Assistance programs in 24 CFR Part 5. The City shall calculate gross income by
annualizing verified sources of income received by the household during the twelve (12) months preceding the
effective date of the determination.
B. Assurance of Public Purpose. Should the homeowner materially default on the terms and conditions incorporated
herein, or if the homeowner is unable or unwilling to operate the property in accordance with the terms and
conditions incorporated herein, the Homeowner covenants that no lease, sale or title transfer to any third party
shall occur prior to giving the City a ninety (90) day written notice, during which time the City shall have the
right, solely at its discretion, to purchase or find another buyer to purchase the Property, in order to carry out
the eligible activities of the HOME Program and other regulations incorporated herein by reference, for an
amount not to exceed the appraised value.
7. Default/Remedies. If the Homeowner shall fail to observe or perform any covenant condition or agreement
contained herein on its part to be observed or performed, then and in such event, the City shall be entitled, in
addition to all other remedies provided by law or in equity.
A. To compel specific performance by the Homeowner of its obligations under this Agreement.
B. To rescind any and all incentives, either regulatory and/or financial, provided to the Homeowner.
8. Notice. Except for any notice required under applicable law to be given in another manner. (a) any notice to the
Homeowner provided for in this Agreement shall be given by mailing such notice by certified mail to the
Homeowner's address stated herein, or at such other address as the Homeowner may designated by notice to
the City as provided herein, and (b) any notice to the City shall be given by certified mail, retum receipt
requested, to the City's address stated herein or to such other address as the City may designate by note to
the Homeowner as provided herein. Any notice provided for in this Agreement shall be deemed to have been
given to the Homeowner or City when given in the manner designated herein.
9. Successors Bound — Burden to Run with Property. 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 Homeowner and
its successors and assigned and all subsequent owners of the Property or any interest therein, and to the City
for the Affordability Period set forth in this Agreement. The Homeowner shall expressly make the conditions
and covenants of this Agreement a part of any deed or other instrument conveying any interest in the Property.
10. 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.
11. 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.
2
a. The affordability restrictions may terminate upon occurrence of any of the following termination events: foreclosure,
transfer in lieu of foreclosure or assignment of an FHA insured mortgage to HUD.
b. Enforcement. The benefits of this Agreement shall inure to, and may be enforced by the City for the full duration of
the Affordability Period.
c. Violation or breach of any restrictions or covenant herein contained shall give the City the right to institute any
proceeding at law. The Homeowner or its successors in the title agree to pay all costs to collection, including court
costs and reasonable attorney's fees.
IN WITNESS WHEREOF, this document has been duly signed by the Purchaser on or as of the day and year first above
written.
In the presenc
Witnesse
Signattnf®. r- gnature
Printed Name: +'t� '( Utn Printed Name: Brittney Lovette McClendon
Address: l'- 01 Homeowner
fgnature
Printed Name:
Address:
9C3 Lik
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me by means physical presence, this Oth day of June , 2024 by
Brittney Lovette McClendon, an unmarried person, who ❑ is/are personall known to m -•r ❑ who has/have produced a
driver's license as identification.
%r
,.(,.
My Commission expires:
yp :14 JEFFREY D. FISHMIV
* * Commission # HH 380281
E mires July 29, 2027
Nota
3