LAND USE RESTRICTION AGREEMENT - HOME INVESTMENT PARTNERSHIPS PROGRAMPrepared by: Matthew J. Mytych, Esq.
Return to: 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
LAND USE RESTRICTION AGREEMENT
HOME INVESTMENT PARTNERSHIPS PROGRAM
THIS LAND USE RESTRICTION AGREEMENT (this "Agreement"), is made on October 4, 2024, by
and between CLEARWATER NEIGHBORHOOD HOUSING SERVICES, INC., a Florida not-for-
profit corporation ("Borrower") its successors, assigns, and transferees of the project described below,
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, Borrower shall purchase real property located at that certain Unaddressed Engman
Street PARCEL (Parcel I.D. No. 10-29-15-65718-004-0011) (the "Property") for the construction 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 (the "Mortgage" and "Note" respectively) and shall be subject to the restrictive
covenants set forth herein; 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 (the "Affordability Period")
as provided herein; 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 acquisition of the Property, 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", Borrower will comply, and will require any subsequent purchaser of the Property to comply with the
following:
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 and
covenants and agrees that in connection with the acquisition of the single-family home, the City shall
approve any transfer or sale of the subject property.
1. Covenants and Restrictions on Use of Funds. HOME Investment Partnerships Program
allocations provided to the Project will be used for acquisition of the real property plus permissible
closing costs. During Affordability Period, the unit shall be sold to a homebuyer having annual
income which does not exceed eighty percent (80%) of the median family income for the area, as
determined and made available by the U.S. Department of Housing and Urban Development (HUD)
Clearwater Neighborhood Housing Services, Inc. September 27, 2024
HOME Investment Partnerships Construction Loan Agreement Page 1
with adjustments for smaller and larger families at the time of purchase of the home (an "Eligible
Homebuyer"). 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 (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) During the Affordability Period, 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 Homebuyer
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.
b) 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.
c) 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. The Affordability Period shall commence upon the date of this Agreement
and end on the fifteenth (15th) year after sale to an Eligible Homebuyer or rental to an Eligible
Tenant. This Agreement shall remain in effect until the end of the Affordability Period.
3. Property Standards. The single-family housing unit to be constructed 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 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: Unaddressed Engman
Street Parcel (Parcel I.D. No. 10-29-15-65718-004-0011). 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.
Clearwater Neighborhood Housing Services, Inc. «CaseSummary_ClosingDate_Long»
HOME Investment Partnerships Loan Agreement Page 2
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
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:
1. A description of the Project assisted with HOME funds, including the location and form
of HOME assistance.
2. The source and application of funds for each project, including supporting
documentation in accordance with 2 CFR §200.302 and §200.303.
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HOME Investment Partnerships Loan Agreement Page 3
3. 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).
4. 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.
5. Records demonstrating the person or persons purchasing the HOME -assisted unit are
income eligible in accordance with 24 CFR §92.203.
6. Records demonstrating the purchase price or estimated value after rehabilitation for the
homeownership project does not exceed 95% of the median purchase price for the area
in accordance with 24 CFR §92.254.
7. Records demonstrating the homeownership project meets the affordability requirements
of 24 CFR §92.254 for the required period.
8. Records demonstrating compliance with the written agreements in accordance with
24 CFR §92.504.
9. Records demonstrating compliance with the applicable uniform administrative
requirements in accordance with 24 CFR §92.505.
10. Records documenting required inspections, monitoring reviews and audits, and the
resolution of any findings or concerns.
11. 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).
12. Records documenting HOME -related financial activities.
13. Records documenting affirmative marketing and Minority Business Enterprise/Woman
Business Enterprise (MBE/WBE) activities.
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, 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.
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HOME Investment Partnerships Loan Agreement Page 4
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, 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.
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
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 HOME Investment Partnership Agreement, the Mortgage, and the Note (all 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.
Clearwater Neighborhood Housing Services, Inc. «CaseSummary_ClosingDate_Long»
HOME Investment Partnerships Loan Agreement Page 5
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: I Q f ap
City of Clearwater, Florida,
a Florida municipal corporation.
Je •' er 'Rirrier
City Manage
Date: 1 �� N
Attest:
Rosemarie Call
City Clei,Ac
,, j
Date: d.' �l Y1,1.(� 3( 4-0 3 44
Clearwater Neighborhood Housing Services, Inc. «CaseSummary_ClosingDate_Long»
HOME Investment Partnerships Loan Agreement Page 6
(BORROWER SIGNATURE PAGE)
Signature of Witness
Name of Witness (Print)
Address of Witness
Signature of Witness
Name of Witness
Address of Witness
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was
this _ day of
Housing Services, Inc, who D
identification.
(NOTARIAL SEAL)
)
)
Clearwater Neighborhood Housing Services, a
Florida not-for-profit corporation.
By: Efrain Cornier, Jr., CEO/President
Date:
acknowledged before me by means ❑ physical presence or ❑ online notarization,
, 2024 by Efrain Cornier, Jr., CEO/President of Clearwater Neighborhood
is/are personally known to me or ❑ who has/have produced a driver's license as
Clearwater Neighborhood Housing Services, Inc.
HOME Investment Partnerships Loan Agreement
Notary Public, State of Florida
Name of Notary:
My Commission Expires:
My Commission No.:
«CaseSummary_ClosingDate_Long»
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Exhibit "A"
Legal Description
Legal Description: The North 1/2 of Lot 1, Block D, PALM PARK (ADDITION TO CLEARWATER),
according to the plat thereof as recorded in Plat Book 4, Page 86, of the Public Records of Hillsborough
County, Florida, of which Pinellas County was formerly a part.
Parcel Number I.D. No.: 10-29-15-65718-004-0011
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HOME Investment Partnerships Loan Agreement Page 8