COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENTCOMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
BY AND BETWEEN
THE CITY OF CLEARWATER, FLORIDA, AND
CLEARWATER NEIGHBORHOOD HOUSING SERVICES, INC.
his Community Development Block Grant (this "Agreement") is entered into on
i . , 2024 by and between THE CITY OF CLEARWATER, FLORIDA, a Florida
municipal corporation whose mailing address is P.O. Box 4748, Clearwater, Florida 33758 (the "City)
and Clearwater Neighborhood Housing Services, Inc., a Florida not-for-profit corporation, whose mailing
address is 608 N. Garden Avenue, Clearwater, FL 33755 ("CNHS" or the "Agency").
WHEREAS, the Agency has applied through the City of Clearwater Economic Development &
Housing Department to borrow funds for the rehabilitation of property located at 1537 Palmetto Street,
Clearwater, Florida 33755 ("the Project"); and
WHEREAS, the City operates a program offering CDBG funds to provide such financing (the
"Program"); and
WHEREAS, the City and Agency desire to enter into a written agreement assuring that the Project
is in compliance with the terms and conditions imposed by the CDBG Program and the City of Clearwater
rehabilitation standards; and
WHEREAS, the Agency certifies that the rehabilitation activities carried out under this
Agreement will meet one or more of the CDBG program's national objectives as defined in 24 CFR Part
570.208: 1) benefit low/moderate income persons.
NOW THEREFORE, in consideration of the promises and covenants contained herein, the City
and the Agency agree as follows:
1. RECITALS
The recitals set forth above are true and correct and are incorporated herein and made a part of this
Agreement.
2. NATIONAL OBJECTIVES AND USE
Agency certifies that the activities carried out with the funds provided under this Agreement will
meet the CDBG program national objective of benefiting low- and moderate -income persons and
meeting community redevelopment needs having a particular urgency as indicated under
24 CFR §570.208(a)(3)
3. USE OF CDBG FUNDS
Under the terms and conditions of this Agreement, the City has awarded a loan of CDBG funds to
the Agency in the amount of ONE HUNDRED SEVEN THOUSAND FIFTY FOUR DOLLARS
AND 35/100 CENTS ($107,054.35). The Agency shall use the CDBG funds provided to finance the
rehabilitation of property located at 1537 Palmetto Street, Clearwater, FL 33755, and further
described in the legal description below:
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Legal Description: Lot 8, Block "F", Oak Hills, according to the map or plat thereof, as recorded in
Plat Book 7, Page 66 of the Public Records of Pinellas County, Florida.
Parcel I.D. No: 11-29-15-62568-006-0080
(the "Property")
The Agency covenants that this unit will be sold to an income -eligible homebuyer. The unit will be
restricted to an income -eligible homebuyer, as defined in Section 4, for fifteen (15) years. This
Agreement incorporates by reference, terms and conditions described in the Commitment Letter, the
Rehabilitation/Construction Agreement, the Mortgage, the Note. (all executed on even date herewith
and together with this Agreement the "Loan Documents"), and any other agreements enforcing the
CDBG requirements associated with the Loan Documents. The budget for the Project is estimated to
be ONE HUNDRED SEVEN THOUSAND FIFTY-FOUR DOLLARS AND 35/100 CENTS
($107,054.35). Eligible expenses incurred on or after the effective date of this Agreement will be
reimbursed in accordance with the terms and conditions of Section 8 (Request for Disbursement of
Funds), the Mortgage, and the Note. Project rehabilitation will commence and be completed as
defined and set forth in the affordable housing development schedule attached hereto as Schedule
«A»
4. AFFORDABILITY OF CDBG-ASSISTED UNITS
The unit rehabilitated on the Property shall be sold to an income -eligible buyer (the "CDBG-assisted
unit") who, at time of occupancy shall have annual household income which does not exceed eighty
percent (80%) of the Area Median Income (AMI), as determined and made available by the U.S.
Department of Housing and Urban Development (HUD), with adjustments for family size.
5. AFFORDABILITY PERIOD
The Affordability Period for the CDBG-assisted unit shall commence upon execution of the Loan
Documents and shall end fifteen (15) years thereafter.
6. INCOME ELIGIBILITY; PROJECT REQUIREMENTS
The Agency shall ensure the occupant of the CDBG-assisted unit's annual household income does
not exceed eighty percent (80%) of the Area Median Income (AMI), as determined and made
available by the U.S. Department of Housing and Urban Development (HUD), with adjustments for
family size. The Agency shall determine and verify the income eligibility of the occupant of the
CDBG-assisted unit in accordance with HUD Section 8 Housing Assistance Programs in 24 CFR Part
5, or an alternative method pre -approved by the City for the Project. The Agency shall calculate gross
annual income by annualizing verified sources of income to be received by the household during the
twelve (12) months following the effective date of the determination. The Agency shall ensure
compliance with all applicable requirements under 24 CFR Part 570.
7. PROPERTY STANDARDS
The Agency attests that Project will meet all applicable local codes, standards, ordinances, and zoning
ordinances and meet current property standards defined in at the time of project completion.
8. REQUEST FOR DISBURSEMENT OF FUNDS
The Agency may not request disbursement of funds under this Agreement or the Note until the funds
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are needed for payment of eligible costs. The amount of each request must be limited to the amount
needed. The City reserves the right to deny payment of incomplete or altered invoices, inadequately
documented expenses, or expenses for items and services the City deems not to be usual, customary,
and reasonable expenses related to improvements of the Project. Additionally, the City reserves the
right to not pay any contractor, subcontractor, material men or supplier wherein a dispute arises.
a) If the Agency receives notification from a third -party funding source of an offer for additional
funding to complete the Project, the Agency shall notify the City in writing within thirty (30) days
of receiving notification and submit a cost allocation plan for approval by the City within forty-
five (45) days of said notification. Should the Agency collect any third -party payments for eligible
activities for which the City has reimbursed the Agency, the Agency shall reimburse the City up
to the total amount reimbursed by the City.
b) The City shall pay for the work performed upon the Agency's delivery to the City of the
following: (i) an invoice, (ii) a check request, (iii) an executed Partial Release of Lien or Final
Release of Lien for the work associated with the application for payment, and (iv) such other
documentation and information as reasonably requested by the City. Requests for the payment of
construction related costs shall be limited to a total of Five (5) requests for the entire Project.
Construction draw requests shall be in accordance with the Agency's executed agreement with
the construction contractor (the "Contractor"), and prior to submission to the City shall be signed
by the Contractor, the Agency, and a qualified owner's representative who shall attest to the
completion and quality of all work for which payment is being requested. Upon receipt and
acceptance of a complete reimbursement request, the City shall pay the Agency in accordance
with 2 CFR § 200.305(b)(3) (Federal Payment).
c) All disbursements by the City will be made to the Agency who shall be responsible for paying
the Contractor. Retainage in the amount specified in the construction contract with the Contractor
will be disbursed after all required work has been satisfactorily completed and the renovated
housing unit is ready for occupancy, in the City's reasonable discretion. Notwithstanding anything
herein to the contrary, the City shall have no obligation to fund the work if (i) the Agency is in
default under the terms of this Agreement or any other agreement between the Agency and the
City, (ii) the work subject to the payment request does not meet the minimum standards set forth
by the City, or (iii) the draw request includes items not in a budget approved by the City. The City
has the right, to be exercised in its sole and absolute discretion, to delay funding of the work until
such time that it receives a title endorsement from a nationally recognized title insurance company
providing that the Property and the improvements thereon, are free from construction liens. The
Agency shall comply with Chapter 713, Florida Statutes in all respects.
d) The Agency agrees that in the event that any grant is reduced or withheld by HUD, the City
shall not be liable for payment of Project expenses remaining unfunded by said reduced or
withheld amount of the grant, with the exception of services or activities contracted by the
Agency, prior to notification by HUD to the City of grant reduction or grant funding withheld.
e) The Agency shall insure recognition of the role of the City in providing funding through this
Agreement. Where possible, all media, press releases, and publications utilized pursuant to this
Agreement shall be prominently labeled as to the funding source.
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f) The Agency shall comply with all other requirements in Attachment "A", Financial and
Administrative Requirements, and Attachment "B", Employment and Personnel Requirements,
adopted and incorporated herein.
9. MONITORING AND INSPECTION
The Agency acknowledges that the City or its designee may, during rehabilitation, inspect the unit
for compliance with local code requirements and Housing Quality Standards as defined for the HUD
Section 8 Program.
10. RELOCATION AND DISPLACEMENT
The Agency acknowledges that the Agency will bear sole responsibility for any costs or
reimbursements, legal or otherwise, from person or persons claiming that they have been
involuntarily displaced by the acquisition of real property associated with development of the Project.
11. NONDISCRIMINATION
The Agency shall not discriminate, as defined by local, State, or Federal Statutes, on the basis of race,
creed, color, sex, age, disability, family status, or national origin in the rental of the units within the
Project or in connection with the employment or application for employment of persons for the
construction, or management of the Project. The Agency shall not illegally discriminate against
prospective buyers during or after the solicitation process.
12. CONSULTANT ACTIVITIES
For federally funded projects the Agency agrees to comply with the guidelines of 2 CFR § 200.430
in that no person providing consultant services shall receive more than a reasonable rate of
compensation for services paid with federal funds.
13. DEFAULT
a.) The Agency will be in default of this Agreement, if the Agency materially fails to perform
under this agreement, including but not limited to:
b.) Failure to comply with any of the rules, regulations or provisions referred to herein, or
such statues, regulations, executive orders, or HUD guidelines, policies or directives as
may become applicable at any time;
c.) Ineffective or improper use of funds provided under this Agreement; or submission by the
Agency to the City of reports that are incorrect or incomplete in any material respect
In the event of a default by the Agency, the City may impose additional conditions, including
requiring additional information from the Agency to determine reasons for, or extent of,
noncompliance or lack of performance, withhold authority to proceed to the next phase, require
additional project monitoring, or require the Agency to obtain technical or management assistance.
The City may also give the Agency a reasonable opportunity to cure the default; reasonableness shall
be determined by the City and shall be based upon the nature and extent of the default.
14. REMEDIES
In the event of a default, the City shall be entitled, in addition to all other remedies provided in law
or equity:
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a) To compel specific performance by the Agency of its obligations under this Agreement;
b) In accordance with 2 CFR § 200.339, if the City determines, in its sole discretion, that non-
compliance or non-performance of the terms of the Agreement cannot be remedied by the
imposition of additional conditions, or if the City determines that an opportunity to cure the
default is unwarranted or will likely be ineffective, the City may take one or more of the following
actions upon seven (7) calendar days' notice in writing to the Agency:
i. Temporarily withhold payments until the Agency takes corrective action.
ii. Disallow costs for all or part of the activity associated with the noncompliance of the Agency.
iii. Suspend or terminate this Agreement in part or in its entirety.
iv. Recommend suspension or debarment proceedings be initiated by a federal agency.
v. Withhold further Federal funds for the Project or program.
vi. Pursue other legally available remedies.
Per 2 CFR § 200.342, the Agency will be entitled to hearings, appeals or other administrative
proceedings to which the Agency is entitled under any statute or regulation applicable to the action
involved.
15. TERMINATION
Termination for Cause. This Agreement may be terminated by the City for cause in accordance with
Section 14: Remedies herein.
Termination for Convenience. This Agreement may be terminated by the City or the Agency, in whole
or in part, upon sixty (60) days written notice by the terminating party, by setting forth the reasons
for such termination, the effective date, and, in the case of partial termination, the portion to be
terminated. However, if in the case of a partial termination initiated by the Agency, the City
determines that the remaining portion of the award will not accomplish the purpose for which the
award was made, the City may terminate the award in its entirety. When applicable, the City will
follow requirements per 2 CFR § 200.341 for reporting termination of this Agreement to the OMB -
designated integrity and performance system, System for Award Management (SAM) database.
Closeout,. Upon termination, in whole or in part, the parties hereto remain responsible for compliance
with the requirements in 2 CFR § 200.344 (Closeout) and 2 C.F.R. § 200.345 (Post -closeout
adjustments and continuing responsibilities).
Effects of Termination. Costs to the Agency resulting from obligations incurred by the Agency, or
during a suspension after termination of the Agency are not allowable unless the City otherwise
expressly authorizes the Agency in the notice of suspension or termination. Costs to the Agency
during suspension or after termination are allowable if resulting from obligations which were
properly incurred before the effective date of suspension or termination, or if the costs would be
allowable if the Agreement was not suspended or expired normally at the end of the Agreement in
which the termination takes effect.
16. HOLD HARMLESS
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The Agency shall defend, indemnify and hold the City and all of its officers and employees, harmless
from and against all costs, expenses, liabilities, suits, claims, losses, damages, and demands of every
kind or nature, by, or on behalf of, any person or persons whomsoever or whatsoever arising out of
or in any matter resulting from or connected with any accident, injury, death or damage that may
happen during the time period covered by this Agreement, provided that the claims do not arise from
the actions of the City or its officers or employees. The Agency will defend any actions or suits
brought against the City by reason of the Agency's failure or neglect in complying with any of the
conditions and obligations of this Agreement, or any tort liability arising out of actions of the Agency
or any of its agents or subcontractors.
17. INSURANCE
The Agency shall maintain insurance coverage in form and amount deemed adequate by the City for
all risks inherent in the functions and aspects of its operation including but not limited to risks of
fire, casualty, automobile liability coverage, workmen's compensation insurance as required by law,
and public liability insurance for personal injury and property damage.
18. NOTICES; AGREEMENT REPRESENTATIVES
a) 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 Subsection b)
below, 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. 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) The Project shall be conducted and administered under the direction of the Agency representative.
Unless otherwise specified herein or necessary, the Agency representative shall coordinate
Project implementation with the City representative (the "Project Manager"). Further, unless
otherwise stipulated herein or necessary, all notices, invoices, payments, reports, and other
written communications shall be conducted and exchanged between the representatives for
the Agency and the City, the contact information for whom follows:
ADDRESS OF THE CITY OF CLEARWATER
Economic Development & Housing
P. O. Box 4748
Clearwater, Florida 33758
Attn: Dylan Mayeux — Interim Housing Manager
ADDRESS OF THE AGENCY
Clearwater Neighborhood Housing Services, Inc.
608 N. Garden Avenue
Clearwater, FL 33755
Attn: Efrain Cornier, Jr.
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19. AFFIRMATIVE MARKETING
The Agency shall adopt appropriate procedures for affirmatively marketing the CDBG-assisted unit
of the Project. Affirmative marketing consists of good faith efforts to provide information and
otherwise to attract to the available housing, eligible persons from all racial, ethnic and gender groups
in the housing market area. The Agency shall be required to use affirmative fair housing marketing
practices in soliciting and determining eligibility, concluding transactions, and affirmatively further
fair housing efforts. The Agency must maintain a file containing all marketing efforts (i.e. copies of
newspaper ads, memos of phone calls, copies of letters, etc.) to be available for inspection on request
by the City. The Agency must provide a description of intended actions that will inform and otherwise
attract eligible persons from all racial, ethnic, and gender groups in the housing market of the
available housing. The Agency must provide the City with an assessment of the affirmative marketing
program. Said assessment must include: a) methods used to inform the public about federal fair
housing laws and affirmative marketing policy; b) methods used to inform and solicit applications
from persons in the housing market who are not likely to apply without special outreach; and c)
records describing actions taken by the participating entity and/or owner to affirmatively market
units; and d) records to assess the results of these actions.
20. ENFORCEMENT OF AGREEMENT
The benefits of this Agreement shall inure to and may be enforced by the City for the duration of this
Agreement, 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. The Agency 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.
21. COMPLETION OF WORK AND FORCE MAJEURE
The Agency covenants and agrees that, subject to matters of force majeure, the work shall be
completed on or before six (6) months from the date of this Agreement. The parties may mutually
agree to amend this Agreement to extend out the date of completion.
Matters of force majeure shall include, but not necessarily be limited to, bona fide weather
disturbances, strikes, shortages of material, governmental delays (exclusive of those caused by or as
a result of the fault of the Construction Manager) and those matters over which the Construction
Manager has no control. Force majeure shall not be construed to reduce the obligation of the Agency
to timely complete the project because the failure of contractors and subcontractors to timely
complete their work unless such delay is within the definition of the term force majeure.
22. MODIFICATIONS
The City or the Agency may amend this Agreement at any time to conform with federal, state or local
governmental guidelines and policies, or for other reasons provided that such amendments make
specific reference to this Agreement, and are executed in writing, signed by a duly authorized
representative of the City and the Agency. Such amendments will not invalidate this Agreement, nor
relieve or release the City or the Agency from its obligations under this Agreement.
23. ASSIGNABILITY
The Agency shall not assign any interest in this Agreement or otherwise transfer interest in this
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Agreement without the prior written approval of the City. All requirements of this Agreement shall
be applicable to any subcontracts entered into under this Agreement and it shall be the Agency's
responsibility to ensure that all requirements are included in said subcontracts and all subcontractors
abide by said requirements.
The Agency shall not pledge, mortgage, or award the Property or any interest therein or any claim
arising thereunder, to any party or parties, banks, trust companies, or other financing or financial
institutions without the written approval of the City.
24. GOVERNING LAW
The Agency agrees to comply with the following federal laws incorporated herein by reference as
though set forth in full, which shall govern this Agreement except as otherwise provided herein:
a) Title 1 of the Housing and Community Development Act of 1974, as amended (42 U.S.C. §
5301, et seq.);
b) Terms and conditions of the government grants under Title IX, Subchapter C, Part I of the
Omnibus Budget Reconciliation Act of 1993 (26 U.S.C. § 1391, et seq.);
c) Title 24 of the Code of Federal Regulations, 570 (HUD regulations concerning CDBG);
d) The "OMB Guidance for Federal Financial Assistance", codified at 2 CFR Part 200; and
e) Any and all laws, statutes, ordinances, rules, regulations or requirements of the federal, state or
local governments, and any agencies thereof, which relate to or in any manner affect the
performance of this Agreement.
Further, the Agency agrees to comply with all other applicable federal, state and local laws,
regulations, and policies governing the Agency's organization and governing the award provided
under this Agreement. Attachment "C", Federal Program Requirements, provides a partial overview
of federal requirements as they relate to the Award. The Agency further agrees to utilize funds
available under this Agreement to supplement rather than supplant funds otherwise available. This
Agreement incorporates all terms and conditions of the grant and such terms and conditions are
hereby imposed upon the Agency. Moreover, those rights reserved by HUD in the Grant are hereby
reserved by the City to the extent permitted by law.
The laws of the State of Florida shall otherwise govern this Agreement.
25. RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement is intended to, or will be construed in any manner, as creating
or establishing the relationship of employer/employee between the parties. The Agency will at all
times remain an independent entity with respect to performance of the Project. The City will be
exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical
insurance and Workers' Compensation Insurance, as the Agency is an independent entity.
26. PERFORMANCE WAIVER
The City's failure to act with respect to a breach by the Agency does not waive its right to act with
respect to subsequent or similar breaches. The failure of the City to exercise or enforce any right or
provision will not constitute a waiver of such right or provision. A waiver by one party of the other
party's performance shall not constitute a waiver of any subsequent performance required by such
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other party. No waiver shall be valid unless it is in writing and signed by authorized representatives
of both parties.
27. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of this Agreement will not be
affected thereby and all other parts of this Agreement will nevertheless be in full force and effect.
28. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the City and the Agency for the use of
funds received under this Agreement and it supersedes all prior communications and proposals,
whether electronic, oral, or written between the City and the Agency with respect to this Agreement.
The City and the Agency may execute this Agreement in counterparts, each of which is deemed an
original and all of which constitute only one Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above
written.
(AGENCY SIGNATURE PAGE)
Clearwater Neighborhood Housing Association, Inc.,
a Florida not-for-profit corporation.
By:
Name: Efrain Cornier, Jr.
Title: President/CEO
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 Efrain Cornier, Jr. as President/CEO 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, State of Florida
(NOTARIAL SEAL) Name of Notary:
My Commission Expires:
My Commission No.:
Page 10 of 23
(CITY OF CLEARWATER SIGNATURE PAGE)
Countersigned:
Approved as to form:
Matthew J. Mytych, Esq.
Assistant City Attorney
Date: 10/a90.4
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was
notarization, this �C day of
City of Clearwater, Florida who
license as identification.
(NOTARIAL SEAL)
Page 11 of 23
CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation.
By:
Jennifer P'oirrier
Manager
Date: LY --L 3-0( )-0 f
Attest:
Rosemarie Call
City Clete
Date: '.„4
acknowledged before me by means [iysical presence or ❑ online
D VhQr , 2024, by Jennifer Poirrier as City Manager of the
Pi-is/are personally known to me or ❑ who has/have produced a driver's
oiLicx bel
Notary Public, State of Florida
Name of Notary:
My Commission Expires:
My Commission No.:
IR'- Patricia DeMilo
i Comm.: HH 387353
Expires: April 17, 2027
Notary Public - State of Florida
ATTACHMENT "A" — FINANCIAL AND ADMINISTRATIVE REQUIREMENTS
1. FINANCIAL MANAGEMENT
a) Accounting Standards. The Agency agrees to comply with 2 CFR Part 200 and agrees to adhere
to the accounting principles and procedures required therein, utilize adequate internal controls,
and maintain necessary source documentation for all costs incurred.
b) Cost Principles. the Agency will administer its program in conformance with 2 CFR Part 200.
These principles will be applied for all costs incurred whether charged on a direct or indirect
basis.
c) Duplication of Costs. The Agency certifies that work to be performed under this Agreement does
not duplicate any work to be charged against any other contract, subcontract or other source.
2. REQUIRED WRITTEN POLICIES, PROCEDURES
a) General. The Agency will provide the following written policies or procedures in accordance
with 2 CFR Part 200 (OMB Guidance for Federal Financial Assistance) and 24 CFR § 5.106:
i Conflict of Interest Policy, in accordance with 2 CFR § 200.112 (Conflict of Interest), 2 CFR
§ 200.318(c) (General Procurement Standards)
n Cost Allowability Procedures for determining the allowability of costs in accordance with 2
CFR § 200.302(b)(7) (Financial Management) and 2 CFR § 200.403 (Factors Affecting
Allowability of Costs)
is Cash Management/Payment Timing Procedures to implement the requirements of 2 CFR §
200.305 (Federal Payment)
iv. Procurement/Purchasing Policy, in accordance with 2 CFR § 200.318(a) (General
Procurement Standards), 2 CFR § 200.319(c) and (d) (Competition), 2 CFR § 200.320
(Methods of Procurement to be followed), 2 CFR § 200.324(a) (Contract Cost and Price), and
2 CFR § 200.326 (Bonding Requirements)
v. Compensation, Fringe Benefits and Travel Costs, in accordance with 2 CFR § 200.430
(Compensation -Personal Services), 2 CFR § 200.431 (Compensation -Fringe Benefits), 2 CFR
§ 200.474 (Travel Costs)
vi If applicable. Gender Identity Equal Access Operating Policy and Procedures, in accordance
with 24 CFR § 5.106 (Equal Access in Accordance with the Individual's Gender Identity in
Community Planning and Development Programs) if the Agency is a manager or owner of
temporary or emergency shelters or other buildings and facilities and providers of services.
3. DOCUMENTATION AND RECORDKEEPING
a) Records to Be Maintained. The Agency will maintain all records required by the Federal
regulations specified in 24 CFR § 570.506 (Records to be Maintained), 2 CFR § 200.302
(Financial Management) and 2 CFR § 200.334 (Retention Requirements for Records) that are
pertinent to the activities to be funded under this Agreement. Such records include but are not
limited to:
i. Records providing a full description of each activity undertaken;
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ii. Records demonstrating that each activity undertaken meets one of the National Objectives
of the CDBG program;
iii. Records required to determine the eligibility of activities;
iv. Client data demonstrating client eligibility. Such data shall include, but not be limited to,
client name, address, income level or other basis for determining eligibility, and description
of benefit provided. The Agency understands that protected personally identifiable
information (PII) is private and, when not directly connected with the administration of this
Agreement, shall not be disclosed, unless written consent is obtained from such person
receiving benefit and, in the case of a minor, that of a responsible parent/guardian;
v. Records demonstrating compliance with Affirmative Marketing requirements;
vi. Records required to document the acquisition, improvement, use or disposition of real
property acquired or improved with CDBG assistance;
vii. Records documenting compliance with the civil rights components of the CDBG program;
viii. Financial records as required by 24 CFR § 570.502, and 2 CFR § 200.334;
ix. Labor standards records required to document compliance with the Davis Bacon Act, the
provisions of the Contract Work Hours and Safety Standards Act, and all other applicable
Federal, State and Local laws and regulations applicable to CDBG-funded construction
projects; and
x. Other records necessary to document compliance with Subpart K of 24 CFR Part 570.
b) Access to Records and Retention. The Agency shall at any time during normal business hours,
and as often as the City and/or the Federal Government may deem necessary, make available for
examination all of the Agency's records, books, documents, papers, and data with respect to all
matters covered by this Agreement and shall permit the City and/or its designated authorized
representative to audit and examine the same for the purposes of making audit, examination,
excerpts and transcriptions.
All records pertaining to this Agreement shall be retained for a period of five (5) years from the
date of submission of the final expenditure report or, for federal awards that are renewed quarterly
or annually, from the date of the submission of the quarterly or annual financial report.
Notwithstanding the above, if any litigation, claim, audit, negotiation or other action that involves
any of the records cited and that has started before the expiration of the five (5) -year period, then
such records must be retained until completion of the actions and resolution of all issues, or the
expiration of the five-year period, whichever occurs later. Nothing herein shall be construed to
allow destruction of records that may be required to be retained longer by state law.
Audits and Inspection. If the Agency expends more than $1,000,000.00 in a fiscal year in federal
awards from all sources, the Agency shall have a single or program -specific audit conducted for
that year in accordance with 2 CFR § 200.501 (Audit Requirements). The Catalog of Federal
Domestic Assistance (CFDA) number is 14.228. Audit report(s) shall be submitted to the City
within the earlier of thirty (30) days after receipt of the auditor's report(s), or nine (9) months
after the end of the audit period, unless the Agency and the City agree to a longer period in
advance. the Agency shall be responsible for the costs associated with this audit. The Agency
shall submit any additional documentation requested by the City to substantiate compliance to
this provision if necessary. In the event the Agency expends less than the threshold established
by 2 CFR § 200.501, the Agency is exempt from Federal audit requirements for that fiscal year,
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however, the Agency must provide a Single Audit exemption statement to the City no later than
three months after the end of the Agency's fiscal year for each applicable audit year. In the event
the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not
expended in accordance with the conditions of this Agreement, the Agency shall be held liable
for reimbursement to the City of all funds not expended in accordance with these applicable
regulations and Agreement provisions within thirty (30) days after the City has notified the
Agency of such non-compliance.
The Agency is responsible for follow-up and corrective action on all audit findings pursuant to 2
CFR § 200.511 (Audit Findings Follow Up) and 2 CFR § 200.512 (Report Submission). Failure
of the Agency to comply with the above audit requirements will constitute a violation of this
Agreement and may result in the withholding of future payments.
4. REPORTING
a) General. The Agency shall provide to the City its Data Universal Numbering System (DUNS)
Number and must register and maintain the currency of information in the System for Award
Management (SAM) database, so that Grantee complies with the requirements established by the
Federal Office of Management and Budget concerning the DUNS, SAM and Federal Funding
Accountability and Transparency Act (FFATA), as required in 2 CFR Part 25 and 2 CFR Part 170.
The Agency will also comply with the Digital Accountability and Transparency Act (DATA Act)
of 2014, as set forth in Appendix A to Part 25 -Award Term.
b) Program Income. Program income, as defined by 24 CFR § 570.500(a), is anticipated as a result
of this Project, any such income received by the Agency is to be returned to the City within thirty
(30) calendar days of receipt of such funds. Such income may include income from service fees,
sale of commodities, and rental or usage fees. Upon expiration, cancellation or termination of this
Agreement, the Agency shall transfer to the City any grant funds on hand and any accounts
receivable attributable to the use of those funds.
5. ENVIRONMENTAL RESPONSIBILITIES
The Agency shall not assume the City's environmental responsibilities described at 24 CFR §
570.604; and the Agency shall not assume the City's responsibility for initiating the review process
under the provisions of 24 CFR Part 52. However, the Agency agrees that it shall supply the City
with all available, relevant information necessary for the City to perform any required environmental
review pursuant to HUD regulations at 24 CFR Part 58, as amended, for each property to be acquired,
rehabilitated, converted, leased, repaired or constructed with the CDBG Award; it shall carry out
mitigating measures required by the City or select alternate eligible property; and it shall not acquire,
rehabilitate, convert, lease, repair or construct property, or commit HUD or local funds to such
program activities with respect to any such property, until it has received notice from the City that
the environmental review is complete.
6. ENVIRONMENTAL CONDITIONS AND HISTORIAL REVIEW
Page 14 of 23
a) Air and Water. The Agency agrees to comply with the following requirements insofar as they
apply to the performance of this Agreement: Clean Air Act (42 U.S.C. §§ 7401-7671q.) and
the Federal Water Pollution Control Act (33 §§ U.S.C. 1251-1387), as amended—Contracts
and subgrants of amounts in excess of $150,000.00 must contain a provision that requires
the non -Federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). Violations must be reported to
the federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA).
b) Flood Disaster Protection. In accordance with the requirements of the Flood Disaster
Protection Act of 1973 (42 U.S.C. § 4001), the Agency shall assure that for activities located
in an area identified by the Federal Emergency Management Agency (FEMA) as having
special flood hazards, flood insurance under the National Flood Insurance Program is
obtained and maintained as a condition of financial assistance for acquisition or construction
purposes (including rehabilitation).
c) Lead -Based Paint. The Agency agrees that any construction or rehabilitation of residential
structures with assistance provided under this Agreement shall be subject to HUD Lead -
Based Paint Regulations at 24 CFR § 570.608 and 24 CFR Part 35, Subpart B. Such
regulations pertain to all CDBG-assisted housing and require that all owners, prospective
owners, and tenants of properties constructed prior to 1978 be properly notified that such
properties may include lead-based paint. Such notification shall point out the hazards of lead-
based paint and explain the symptoms, treatment and precautions that should be taken when
dealing with lead-based paint poisoning and the advisability and availability of blood lead
level screening for children under seven. The notice should also point out that if lead-based
paint is found on the property, abatement measures may be undertaken. The regulations
further require that, depending on the amount of Federal funds applied to a property, paint
testing, risk assessment, treatment and/or abatement may be conducted.
d) Historic Preservation. The Agency agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as amended and the
procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation
Procedures for Protection of Historic Properties, insofar as they apply to the performance of
this Agreement. In general, this requires concurrence from the State Historic Preservation
Officer for all rehabilitation and demolition of historic properties that are fifty years old or
older or that are included on a federal, state, or local historic property list.
Page 15 of 23
ATTACHMENT "B"
EMPLOYMENT AND PERSONNEL REQUIREMENTS
L ANTIDISCRIMINATION REQUIREMENTS
a) APPLICABLE LAWS. The Agency shall comply with all federal, state, and local
antidiscrimination laws during the term of this Agreement. Specifically, the Agency shall not
discriminate against nor exclude any employee or applicant for employment because of race,
color, religion, sex, gender, sexual orientation, age, familial status, pregnancy, handicap, national
origin, and AIDS or HIV. Upon receipt of evidence of such discrimination, the City shall have the
right to terminate this Agreement. The Agency shall take the necessary steps to ensure that
applicants for employment and employees are treated without regard to such discriminatory
classifications. When expending the Award, the Agency shall, within the eligible population,
comply with the following nondiscrimination requirements:
i Equal Opportunity. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and
implementing regulations in 24 CFR Part 1, together with section 109 of the Act (24 CFR §
570.602) which prohibit discrimination in any program or activity funded in whole or in part
with funds made available under this Agreement.
ii Anti -Discrimination. Pinellas County Ordinance, Chapter 70 — Human Relations, Article II
— Discrimination, which prohibits discrimination in the areas of employment, government
programs, and housing and public accommodations on the basis of race, color, religion,
national origin, familial status, sex (including gender identity and gender expression), sexual
orientation, and disability within the legal boundaries of Pinellas County, Florida, including
all unincorporated and incorporated areas.
rii. Section 3 of the Housing and Urban Development Act of 1968/Equal Opportunity. The
Agency shall comply with the provisions of Section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. §1701u) and its implementing regulations contained
in 24 CFR Part 75 regarding economic opportunities for low-income persons and the use of
local businesses, if applicable.
iv. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part
60-1.3 must include the equal opportunity clause provided under 41 CFR Part 60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,
12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
"Amending Executive Order 11246 Relating to Equal Employment Opportunity", and
implementing regulations at 41 CFR Part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor".
v. Minority and Women's Business Enterprises, Veterans, Etc. The requirements of
Executive Orders 11625, 12432, 12138, 2 CFR § 200.321, and 24 CFR § 85.36(e) applies to
grants under this part. Consistent with HUD's responsibilities under these Orders. The
Agency must make efforts to encourage the use of small businesses, minority businesses,
Page 16 of 23
veteran -owned businesses, women's business enterprises, and labor surplus area firms, in
connection with funded activities.
vi Age Discrimination Act of 1975, as Amended. No person will be excluded from
participation, denied program benefits, or subjected to discrimination on the basis of age
under any program or activity receiving federal funding assistance. (42 U.S.C. § 6101, et.
seq.)
vii. Section 504 of the Rehabilitation Act of 1973, as Amended. No otherwise qualified
individual will, solely by reason or his or her disability, be excluded from participation
(including employment), denied program benefits, or subjected to discrimination under any
program or activity receiving Federal funds. (29 U.S.C. § 794)
via Public Law 101-336, Americans with Disabilities Act of 1990. Subject to the provisions
of this title, no qualified individual with a disability will, by reason of such disability, be
excluded from participation in or be denied the benefits of the services, programs, or
activities of a public entity, or be subjected to discrimination by any such entity.
b) POSTING REQUIREMENT. The Agency shall post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the government setting forth
the provisions of this non-discrimination clause.
2. GENDER IDENTITY
The Agency, if a manager or owner of temporary or emergency shelters, shall comply with the terms
and conditions set forth in 24 CFR § 5.105(a)(2) and 24 CFR § 5.106: equal access to
accommodations, placement and services shall be provided in accordance with the individual's
gender identity, and individuals will not be subjected to intrusive questioning or asked to provide
evidence of the individual's gender.
3. CONFLICT OF INTEREST
No covered persons who exercise or have exercised any functions or responsibilities with respect to
CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain
inside information with regard to such activities, may obtain a financial interest in any contract, or
have a financial interest in any contract, subcontract, or agreement, with respect to the CDBG-assisted
activity, or with respect to the proceeds from the CDBG-assisted activity, including but not limited
to occupancy of any of the CDBG-assisted unit, either for themselves or those with whom they have
business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For
purposes of this paragraph, a "covered person" includes any person who is an employee, agent,
consultant, officer, board member or elected or appointed official of the City, the Agency, or any
designated public agency.
The Agency agrees to abide by the provisions of 2 CFR § 200.318 and 24 CFR § 570.611, which
includes maintaining a written code or standards of conduct that will govern the performance of its
officers, employees or agents engaged in the award and administration of contracts supported by
Federal funds.
4. DEBARMENT AND SUSPENSION
Page 17 of 23
a) The Agency shall comply with the debarment and suspension requirements set forth in 24 CFR
§570.609, which requires compliance with 24 CFR Part 5 and 2 CFR Part 2424. The Agency
shall not enter into a contract with any person, agency, or entity that is debarred, suspended, or
otherwise excluded from or ineligible for participation in federal assistance programs under
Executive Order 12549 or 12689, "Debarment and Suspension," which is made a part of this
Agreement by reference. In the event that the Agency has entered into a contract or subcontract
with a debarred or suspended party, no CDBG funds will be provided as reimbursement for the
work done by that debarred or suspended contractor or subcontractor. The Agency shall keep
copies of the debarment and suspension certifications required by 2 CFR Part 2424 and a copy
of the sheet documenting that the federal debarment list was checked.
b) Changes. The Agency shall report all changes to systems utilized to carry out the Project, any
conflicts of interest that occur during the period of performance, debarment and suspensions, and
incidents of fraud, waste, and abuse.
5. RELIGIOUS ACTIVITIES
The Agency, if a faith -based organization, shall comply with the terms and conditions set forth in 24
CFR Part 5 General HUD Program Requirements; Waivers, Section 5.109, Equal participation of
Religious Organizations in HUD Programs, as well as 24 CFR § 570.200, 24 CFR § 570.503, as
amended, and 24 CFR § 570.607 regarding faith -based organizations.
6. LOBBYING
The Agency acknowledges this Agreement is subject to 31 U.S.C. § 1352 (Limitation on Use of
Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions) and 55 FR
6736, and 54 FR 52306. The Agency certifies by signing this Agreement, to the best of his or her
knowledge and belief that:
a) No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in connection
with the awarding of any federal contract, the making of any federal grant, the making of any federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement;
b) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in connection
with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard
Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions; and
c) It will require that the language of paragraph (d) of this Section 6 (Lobbying) be included in
the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose
accordingly:
d) Lobbying Certification. This certification is a material representation of fact upon which
Page 18 of 23
reliance was placed when this transaction was made or entered into. Submission of this certification
is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31,
U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
e) Build America, Buy America Act (BABA): [Pub. L. No. 117-58, §§ 70901-52] This project
is not subject to BABA and qualifies for the Small Grants Wavier which waives total project amount
$250,000.00 or less. If the total project amount exceeds $250,000.00 the Recipient must comply with
the requirements of the Build America, Buy America (BABA) Act, 41 USC § 8301, and all applicable
rules and notices, as may be amended, if applicable to the Recipient's infrastructure project. Pursuant
to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build
America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance"
(88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are
subject to BABA requirements, unless excepted by a waiver.
Page 19 of 23
ATTACHMENT "C"
FEDERAL PROGRAM REQUIREMENTS
Requirements
Federal Regulations
Other References
1. Federal Labor Standards
- Davis -Bacon
- Copeland Act (Anti -kickback)
- Contract Work Hours and Safety
Standards
24 CFR § 570.603;
29 CFR Parts 1, 3, and
5
Section 110, Housing &
Community Development Act of
1974 (HCDA); 40 U.S.C.
276a -276a-5; 40 U.S.C. 276c; 40
U.S.C. 327 et seq.
2. Equal Employment Opportunity
24 CFR §
570.601-602,
24 CFR § 570.607,
41 CFR Part 60
Executive Orders 11246 and
12086, 12 U.S.C. 1701u
3. List of Debarred or Ineligible Contractors
24 CFR § 570.609,
24 CFR Part 24
4. Non -Discrimination
24 CFR Part 8
24 CFR § 570.601,
24 CFR § 570.602
Section 504 of Rehab. Act of
1973, Americans with
Disabilities Act of 1990, Exec.
Order 11063
5. Fire Safety Codes
Local
6. Building, Housing, and Zoning Codes;
Housing Quality Standards
24 CFR §
570.208(b)(1)(iv) and
(b)(2)
Local
7. Lead -Based Paint
2424 CFRCFR §Part570.60835,
42 U.S.0 4821et seq.
8. Lump Sum Drawdowns
24 CFR § 570.513
9. Environmental/Historic
Preservation/National
Environmental Policy Act/Flood Insurance
Requirements
- Siting Near Airports Coastal Barrier
Resources
- Fish and Wildlife Protection
- Flood Plain
- National Historic Preservation
- Noise Abatement & Control
- Wetlands
- Air Quality
- Coastal Zones
- Endangered Species
- Thermal/Explosive Hazards
- Flood Insurance
24 CFR §
570.503 b 5 i
O( )( )
and 24 CFR § 570.604,
24
CFR § 570.202, 24
CFR Part 58
Ref. At 24 CFR § 58.6
See reference at 24
CFR § 58.5, 24 CFR §
570.605
Sec. 104(g), HCDA
42 U.S.0 4001 et seq.
Page 20 of 23
10. Relocation, Real Property Acquisition, and
One -For -One Housing Replacement
- Uniform Relocation Act
- Residential anti -displacement and
relocation assistance
- One -for -One Replacement
24 CFR § 570.201(i),
24 CFR § 570.606, 49
CFR Part 24; 24 CFR
Part 42
Sect. 104(d) and
105(a)(11)of HCDA,
www.hud.gov/relocation
11. Definition of Computation of Units of
Services
term
IDIS instructions
12. Section 108 Loan Guarantees
24 CFR §
570.700-570.709
Sec. 108 of HCDA
13. Applicable Credits
A-87
Page 21 of 23
ATTACHMENT "D"
NO COERCION FOR LABOR OR SERVICES ATTESTATION
Pursuant to Section 787.06(13), F.S., this form must be completed by an officer or representative of
a nongovernmental entity when a contract is executed, renewed, or extended between the
nongovernmental entity and a governmental entity.
Clearwater Neighborhood Housing Services, Inc. does not use coercion for labor or services as
defined in this Section 787.06, F.S.
Under penalty of perjury, I declare that I have read the foregoing statement and that the facts stated
in it are true and correct.
Printed Name:
Title:
Signature:
Date:
Page 22 of 23
SCHEDULE "A"
Affordable Housing Development Schedule
Project construction will commence and be completed in accordance with the schedule below and in no
event will construction commence later than 180 days from the date of this Agreement nor will project
be completed later than 1 year from the date of this Agreement.
For purposes of this Agreement, "project construction commenced" will mean issuance of building
permits. Further, "completion date" will mean issuance of all certificates of occupancy.
1 Commencement of rehabilitation: On or before December 1, 2024
2 Project Completion: On or before June 1, 2025
Page 23 of 23
CITY OF CLEARWATER
��i,, , i POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748
:",-1; �; 509 S. EAST AVENUE, SUITE 227, CLEARWATER, FL 33756
f 5 ♦ TELEPHONE (727) 562-4030 FAX (727) 464-426S
�'rr4Rj u \ ott�
ECONOMIC DEVELOPMENT
AND HOUSING
November 2024
Efrain Cornier, Jr., President/CEO
Clearwater Neighborhood Housing Services, Inc.
608 N. Garden Avenue
Clearwater, FL 33755
RE: Loan Commitment —1537 Palmetto Street Clearwater, FL 33755
Dear Frank:
The City of Clearwater Economic Development & Housing Department is pleased to offer a commitment to
finance the rehabilitation of a single-family housing unit on real property with the following terms and conditions:
1. Borrower: Clearwater Neighborhood Housing Services, Inc., a Florida not-for-profit corporation.
2. Loan: A non -revolving loan in the amount of One Hundred Seven Thousand Fifty -Four Dollars and
35/100 Cents ($107,05435).
3. Purpose: To rehabilitate a single-family home which shall be resold for the provision of affordable
housing.
4. Interest Rate: The interest rate will be zero (0%) percent per annum.
5. Loan Term: The term of the loan shall not exceed twenty-four (24) months.
6. Repayment: Unless the home is sold before the end of the term, no payment of principal shall be required
during the twenty-four (24) month term of the loan, provided that the borrower abides by the terms of the
Agreement and no default occurs. The unpaid principal will be paid when the single-family housing unit
is sold or at the end of the term, whichever occurs earlier. If the home is sold before the end of the term,
the agency shall reimburse the City within thirty (30) days from the proceeds of the sale less the cost of the
developer fee as outlined in Exhibit "A" attached.
7. Loan Fund Source: Community Development Block Grant (CDBG) Program.
8. Sale of Property: Upon rehabilitation of the single-family housing unit, the borrower must sell the single-
family housing unit to an individual or family whose income does not exceed eighty percent (80%) of Area
Median Income (AMI) based upon U.S. Department of Housing and Urban Development (HUD) guidelines
in effect at the time of sale. If there is no ratified sale contract with an eligible homebuyer for the housing
unit within nine (9) months of the date of completion of construction, 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
family. The end user may be eligible for down payment and closing costs assistance through the City of
Clearwater.
9. Collateral: A first mortgage on the following described property:
Legal Description: Lot 8, Block "F", Oak Hills, according to the map or plat thereof, as recorded in
Plat Book 7, Page 66 of the Public Records of Pinellas County, Florida.
Parcel I.D. 11-29-15-62568-006-0080
Together with all the improvements and appurtenances presently located or hereafter situated thereon. A
Security Agreement constituting a valid first 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. This commitment becomes null and void in the event that it is established that there is anyone currently
residing in the above -referenced property or in the event that someone will be displaced as a result of this
transaction.
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 CDBG Agreement, Mortgage, Note, and Construction Loan Agreement.
The borrower must adhere to any and all covenants of the preceding documents.
13. Land Use Restriction Agreement executed by CNHS on April 30, 2024, and recorded on May 1, 2024, in
O.R. Book 22785, Page 1195.
Thank you for your commitment to the provision of affordable housing for the City's residents.
Sincerely,
Jesus Nino,
Interim Director, Economic Development & Housing Department
The undersigned agrees to the above referenced terms and conditions and further agrees to abide by the
requirements of the City of Clearwater's Economic Development & Housing Department and HOME Program.
Efrain Cornier, Jr. — President/CEO Date
Exhibit A
In addition to the above -referenced terms, Clearwater Neighborhood Housing Services, Inc., all agrees to the
following conditions:
1. The proposed cost for rehabilitation is $94,091.00.
2. Rehabilitation costs shall be contained as much as possible. If a Change Order is needed, prior approval is
required from the City of Clearwater Housing Division.
3. The Developer's Fee is 12%.
4. Scope of Work will be determined with collaboration from the City of Clearwater Housing staff using
rehabilitation standards
5. The city, or its designated representative, will conduct inspections as required.
Prepared by:
Return to:
Matthew J. Mytych, Esq.
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
THIS IS A BALLOON MORTGAGE, AND THE FINAL PRINCIPAL PAYMENT OR THE PRINCIPAL
BALANCE DUE ON MATURITY IS $107,054.35 TOGETHER WITH ACCRUED INTEREST, IF ANY,
AND ALL ADVANCEMENTS MADE BY THE MORTGAGEE UNDER THE TERMS OF THIS
MORTGAGE.
PURPOSE OF LOAN: Rehabilitation of real property
THIS MORTGAGE, is made on or as of November 1, 2024, between CLEARWATER
NEIGHBORHOOD HOUSING SERVICES INC., a Florida not-for-profit corporation, hereinafter called
"Mortgagor", whose address is 608 North Garden Avenue, Clearwater Florida 33755, and THE CITY OF
CLEARWATER, FLORIDA, a Florida municipal corporation, whose address is P.O. Box 4748,
Clearwater, Florida 33758-4748, County of Pinellas, State of Florida, hereinafter called "Mortgagee" or
"Lender".
WITNESSETH, that to secure the payment of an indebtedness in the principal amount of One Hundred
Seven Thousand Fifty Four Dollars and 35/100 Cents ($107,054.35) with, if applicable, interest thereon,
which shall be payable in accordance with a certain note, bond, or other obligation, which obligation is
hereinafter called "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.
COMMONLY KNOWN AS: 1537 Palmetto Street, Clearwater, Florida 33755
Parcel ID No.: 11-29-15-62568-006-0080
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,
THIS MORTGAGE IS EXEMPT FROM INTANGIBLE TAX
«OrgCap_OrgName» November 1, 2024
CDBG Mortgage Page 1
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
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 $107,054.35 and has a maturity date of
November 1, 2026 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 Security
Agreement 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 Construction Loan Agreement, and the CDBG 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
rehabbing the Mortgaged Property so that Mortgagor may make certain rehabilitative improvements,
and resell the Mortgaged Property to a qualified owner -occupant. The rehabilitative improvements are
hereinafter collectively called the "Improvements", and for such other purpose, if any, described or
referred to therein, including construction of the Mortgaged Property. The Mortgagor shall make or
cause to be made all the Improvements. If the construction or installation of the Improvements shall
Clearwater Neighborhood Housing Services, Inc. November 1, 2024
CDBG Mortgage Page 2
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 the Mortgaged 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 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 Federal, state, and local governments, or of any departments, divisions or bureaus
thereof, pertaining to the Mortgaged Property or any part thereof.
5. Preservation, Maintenance, and Protection of the Property. Borrower shall not destroy, damage, or
impair the Mortgaged Property, allow the Mortgaged Property to deteriorate, or commit waste on the
Mortgaged Property. Borrower shall maintain the Mortgaged Property in order to prevent the
Mortgaged Property from deterioration or decrease in value due to its condition. Borrower shall comply
with all City Codes relating to maintenance of the Mortgaged Property and shall repair or restore the
Property upon Notice by the City. Failure to comply with this provision may result in Borrower's loan
being placed in default.
6. Transfer of the Property, Encumbrances. Except for the direct sale of the unit to a qualified
owner -occupant, if all or any part of the Property or an interest therein is sold or transferred by
Mortgagor without 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 Mortgagor,
or 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 Mortgage 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
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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.
(b) 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 the Mortgaged 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.
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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
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) Transfer of the Mortgaged Property or encumbrances, except for the direct sale of the unit to
a qualified owner -occupant, if all or any part of the Mortgaged Property or an interest therein
is sold or transferred by Mortgagor without Lender' s prior written consent, including the
creation of a lien or encumbrance subordinate to this Mortgage. 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 referenced in the Note), the City' s remedies after providing written notice of default
to Mortgagor and (30) 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
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
Clearwater Neighborhood Housing Services, Inc. November 1, 2024
CDBG Mortgage Page 5
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.
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. 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
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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.
THIS IS A BALLOON MORTGAGE, AND THE FINAL PRINCIPAL PAYMENT OR THE
PRINCIPAL BALANCE DUE ON MATURITY IS $107,054.35 TOGETHER WITH ACCRUED
INTEREST, IF ANY, AND ALL ADVANCEMENTS MADE BY THE MORTGAGEE UNDER THE
TERMS OF THIS MORTGAGE.
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IN WITNESS WHEREOF, this Mortgage has been duly signed by the mortgagor on or as of the day and
year first above written
In the presence of:
Signature of Witness
Clearwater Neighborhood Housing Service,
Inc, a Florida not-for-profit corporation.
Name of Witness (Print) By: Efrain Cornier, Jr., President/CEO
Date:
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 Efrain Cornier, Jr. as President/CEO 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, State of Florida
(NOTARIAL SEAL) Name of Notary:
My Commission Expires:
My Commission No.:
Clearwater Neighborhood Housing Services, Inc. November 1, 2024
CDBG Mortgage Page 8
Exhibit "A"
Legal Description
Legal Description:
Legal Description: Lot 8, Block "F", Oak Hills, according to the map or plat thereof, as recorded in Plat
Book 7, Page 66 of the Public Records of Pinellas County, Florida.
Parcel I.D No.: 11-29-15-62568-006-0080
Clearwater Neighborhood Housing Services, Inc. November 1, 2024
CDBG Mortgage Page 9
Exhibit "B"
Prepared by: Matthew J. Mytych, Esquire
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
DEFERRED PAYMENT MORTGAGE NOTE
Closing Date: November 1, 2024 Loan Amount: $107,054.35
Borrower(s): Clearwater Neighborhood Housing Services, Inc.
Borrower Address: 608 N. Garden Avenue, Clearwater, Florida 33755
Property Address: 1537 Palmetto Street
Parcel Number: 11-29-15-62568-006-0080
THIS NOTE IS SECURED BY A BALLOON MORTGAGE AND THE FINAL PRINCIPAL
PAYMENT OR THE PRINCIPAL BALANCE DUE ON MATURITY IS $107,054.35 TOGETHER
WITH ACCRUED INTEREST, IF ANY, AND ALL ADVANCEMENTS MADE BY THE
MORTGAGEE UNDER THE TERMS OF THE MORTGAGE SECURING THIS NOTE.
FOR VALUE RECEIVED, CLEARWATER NEIGHBORHOOD HOUSING SERVICES, INC., a
Florida not-for-profit corporation (the "Borrower"), promises to pay to the order of THE CITY OF
CLEARWATER, FLORIDA, a Florida municipal corporation (the "City"), its successors and assigns, the
sum of One Hundred Seven Thousand Fifty -Four Dollars and 35/100 Cents ($107,054.35). Payment of
the principal and interest of this NOTE shall be as follows: This NOTE shall be deferred for twenty-four
(24) months from the date of this NOTE unless the single-family home unit is sold before the end of the
deferral period. The interest rate on the loan will be zero percent (0%) per annum. At such time that the
Borrower sells the unit with the address noted above and in that certain Mortgage of even date herewith
before the end of the deferral period, the Borrower will repay the City the full amount of this Note balance
less the twelve percent (12%) developer fee on the development cost within thirty (30) days from the date
of sale. Otherwise, the entire loan will be due and payable at the end of twenty-four (24) months from the
date of this NOTE (the "Maturity Date"). If at the end of the loan term, the real property is not sold, or
does not have a contract, or if the Borrower has not actively pursued the sale of the property as determined
by the City, the entire loan balance will become due and payable to the City. Default of the terms of the
Commitment Letter, the Mortgage, the Note, the Construction Loan Agreement, the CDBG Agreement (all
executed on even date herewith), or this NOTE (collectively the "Loan Documents") shall, at the City's
option, cause this NOTE to become immediately due and payable after written notice and opportunity to
cure as provided below.
This NOTE is secured by a Balloon Mortgage, and the final principal payment or the principal
balance agreed upon is due upon maturity together with accrued interest, if any, and all
advancements made by the mortgagee under the terms of the mortgage securing this NOTE.
Clearwater Neighborhood Housing Services, Inc. November 1, 2024
CDBG Mortgage Page 1
Upon default under this NOTE or the other Loan Documents, the City, at its option, may prepare an
alternative promissory note requiring monthly payments of principal and interest. All payments on the
alternative note shall be applied first to interest to date of receipt, then to principal, then to late charges due.
Failure of the Borrower to cure a default within thirty (30) days of written notice of a default under any of
the Loan Documents (unless such notice and cure period is otherwise not required for a particular default
event pursuant to any of the Loan Documents) shall entitle the City accelerate the sums due under this Note
and file suit to recover on the amount owed. If suit is instituted by the City to recover on this NOTE, the
Borrower agree(s) to pay all costs of such collection including reasonable attorney's fees and court costs.
Failure of the City to exercise any option to which it may be legally entitled to enforce the terms of this
NOTE shall not constitute a waiver of such default, enforcement of any other terms and conditions, or any
rights or remedies.
In the event of default under any of the Loan Documents or any alternative promissory note, the City's
remedies shall include but not be limited to the right to acceleration of all sums due under this NOTE and
foreclosure on the land subject to the mortgage; and, the City shall be entitled to collect any costs related
to foreclosure, including reasonable attorney's fees. The City retains all other rights and remedies available
at law or in equity.
During the deferred term, this NOTE will not accrue interest. Upon failure of the Borrower to cure a default
within the specified timeframe, this NOTE will accrue interest at three percent (3%) per annum until the
principal amount of this NOTE is paid.
The Borrower reserve(s) the right to prepay the principal in whole or in part at any time without payment
of premiums or penalties.
The principal amount of this NOTE will be repaid as provided for in this Note and the Mortgage.
This NOTE is secured by a mortgage duly filed in the Public Records of Pinellas County, Florida.
DEMAND, protest and notice of demand and protest are hereby waived and the Borrower hereby waives,
to the extent authorized by law, any and all homestead and other exemption rights which otherwise would
apply to the debt evidenced by this NOTE.
This NOTE has been duly executed by the Borrower, as of its date provided below.
[The remainder of this page intentionally left blank]
Clearwater Neighborhood Housing Services, Inc. «CaseSummary_ClosingDate_Long»
CDBG Note Page 2
THIS NOTE IS SECURED BY A BALLOON MORTGAGE AND THE FINAL PRINCIPAL
PAYMENT OR THE PRINCIPAL BALANCE DUE ON MATURITY IS $107,054.35 TOGETHER
WITH ACCRUED INTEREST, IF ANY, AND ALL ADVANCEMENTS MADE BY THE
MORTGAGEE UNDER THE TERMS OF THE MORTGAGE SECURING THIS NOTE.
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 1 sttt' day of November
2024.
In the presence of:
Signature of Witness
Clearwater Neighborhood Housing Services, Inc.,
a Florida not-for-profit corporation.
Name of Witness (Print) By: Efrain Cornier, Jr., President/CEO
Date:
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 1st day ofNovember, 2024 by Efrain Cornier, Jr., as President/CEO of Clearwater Neighborhood Housing
Services, Inc., ❑ is/are personally known to me or ❑ who has/have produced a driver's license as identification.
Notary Public, State of Florida
(NOTARIAL SEAL) Name of Notary:
My Commission Expires:
My Commission No.:
Clearwater Neighborhood Housing Services, Inc. «CaseSummary_ClosingDate_Long»
CDBG Note Page 3
CITY OF CLEARWATER
ECONOMIC DEVELOPMENT AND HOUSING DEPARTMENT
REHABILITATION/CONSTRUCTION AGREEMENT
This Rehabilitation/Construction Agreement (this "Agreement") is entered into on November 1,
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, Florida 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 SEVEN THOUSAND FIFTY
FOUR DOLLARS AND 35/100 CENTS ($107,054.35) (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 secured by a mortgage (the "Mortgage") encumbering real property located
in Pinellas County, Florida, more particularly described as follows (the "Property"):
Legal Description:
Legal Description: Lot 8, Block "F", Oak Hills, according to the map or plat thereof, as recorded in Plat
Book 7, Page 66 of the Public Records of Pinellas County, Florida.
PARCEL 1: 11-29-15-62568-006-0080
A.K.A. 1537 Palmetto Street, Clearwater, Florida 33755
(B) Borrower desires to make improvements on the Property in accordance with plans and
specifications submitted to the City and require 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" Construction Draw Schedule 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 six (6) months from the date hereof (the "Construction
Date").
NOW THEREFORE, in consideration of the statements as set for the above and the
agreements herein made, the agreements and covenants contained in the Note and Mortgage, the
Borrower and the City do hereby make the agreements set forth herein.
1
ARTICLE 1. REPRESENTATIONS AND WARRANTIES OF BORROWER
The Borrower represents and warrants to the City as follows:
(a) Existence. The Borrower, is a not-for-profit corporation organized under the laws of
the State of Florida and its CEO/President executing this Agreement and the Note and
Mortgage and other loan documents is duly authorized and has all necessary 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 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) Non -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 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 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:
2
(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 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 of
Clearwater.
(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. Before or
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
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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
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
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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) 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.
(q)
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
(a) 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 Construction Draw Schedule — Exhibit "A".
(b) Method of Disbursement. The City, at its option, disburses 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.
(c) 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
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disbursements.
(d) 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 the terms and conditions of the Commitment Letter, the
CDBG Agreement, the Note, or 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, the Commitment
Letter, the CDBG 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 other 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:
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(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 CDBG Agreement, 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 other Loan Documents shall be
cumulative and not mutually exclusive. The City may resort to any one or more or all of 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
the 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 that the holding, application, and disbursement of said construction
funds held by the title company 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
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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, 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.
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. This Agreement, the Note and the Mortgage shall be governed and
construed in accordance with the laws of the State of 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 and Mortgage shall not limit or impair the operation or continued validity
of any other provision of this Agreement, the Note and Mortgage.
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(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 waive, 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.
(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.
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The Parties hereto have caused this Agreement to be executed by their duly authorized officials on
the day and date first above indicated.
CLEARWATER NEIGHBORHOOD HOUSING SERVICES, INC,
a Florida not-for-profit corporation.
By:
Name: Efrain Cornier, Jr.
Title: President/CEO
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 Efrain Cornier, Jr. as
President/CEO of Clearwater Neighborhood Housing Services, Inc., who ❑ is personally known to
me or ❑ who has produced a driver's license as identification.
Notary Public, State of Florida
(NOTARIAL SEAL) Name of Notary:
My Commission Expires:
My Commission No.
CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation.
By: Jesus Nino
Title: Interim Director of Economic Development and Housing
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EXHIBIT "A"
Affordable Housing Development Schedule
Project construction will commence and be completed in accordance with the schedule below and in
no event will construction commence later than 180 days from the date of this Agreement nor will
project be completed later than 1 year from the date of this Agreement.
For purposes of this Agreement, "project construction commenced" will mean issuance of building
permits. Further, "completion date" will mean issuance of the certificate of occupancy.
1. Commencement of rehabilitation: On or before February 1, 2025
2. Project Completion: On or before May 1, 2025
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