LAND USE RESTRICTION AGREEMENT FOR SINGLE FAMILY AFFORDABLE HOUSING UNITPrepared by and Return to:
Matthew J. Mytych, Esq.
City of Clearwater
Economic Development & Housing Division
P.O. Box 4748
Clearwater, Florida 33758
LAND USE RESTRICTION AGREEMENT
FOR SINGLE-FAMILY AFFORDABLE HOUSING UNIT
'' Yt�,, THIS LAN USE RESTRICTION AGREEMENT (this "Agreement") is made and entered into this
v ay of , 2025 by and between Community Service Foundation, Inc., a Florida not-for-
profit corporation, ' ccessors, assigns, and transferees of the project described herein, whose mailing
address is 925 Lakeview Road, Clearwater, Florida 33756 ("CSF") and the City of Clearwater, Florida, a
Florida municipal corporation, whose mailing address is P.O. Box 4748, Clearwater, Florida 33758 (the
"City" and collectively with CSF the "Parties").
WHEREAS, the City previously owned a parcel of real property located at 1021 Lee Street,
Clearwater, Florida legally described on Exhibit "A" attached hereto and incorporated herein by reference
(the "Property"); and
WHEREAS, on or about the date of execution of this Agreement the City donated the Property to
CSF; and
WHEREAS, as consideration for the donation, CSF has agreed to construct on and restrict the use
of the Property to an affordable single-family housing unit (the "Housing Unit") for a low- to moderate -
income tenant as described further herein (an "Income -Qualified Tenant") and has further agreed that this
Agreement shall be and remain a first priority lien on the Property for a term of fifteen (15) years; and
WHEREAS, this Agreement shall be properly filed and recorded by the City in the Official Public
Records of Pinellas County, Florida, and shall constitute a restriction upon the use of the Property subject
to and in accordance with the terms contained herein.
NOW, THEREFORE, for Ten Dollars and 00/100 Cents ($10.00) and other good and valuable
consideration, including, without limitation, the donation of the Property to CSF, the Parties hereby agree
as follows:
1. Covenants and Restrictions. During the Period of Affordability as defined herein, the Housing Unit shall be
rented or held available for rental to a person or family having an annual household income which does
not exceed One Hundred Twenty Percent (120%) of the area median income ("AMI") as defined by
HUD, with adjustments for family size ("Income Eligibility"). CSF shall determine and verify the
Income Eligibility of a tenant in accordance with the HUD Section 8 Program definition of annual
(gross) income in 24 CFR Part 5. Income shall be calculated by annualizing source documents for the
household as the amount of income for the household to be received during the twelve (12) months
following the effective date of the determination. Annual income, as defined in Section 420.907(4),
F.S. must be used and the SHIP Program limits cannot be exceeded. CSF must maintain complete and
accurate income records pertaining to the tenant occupying the Housing Unit. At a minimum, records
shall contain the following documents which must be submitted to the City's Economic Development
and Housing Department at time of initial occupancy of the Income -Qualified Tenant and annually
thereafter until termination of this Agreement:
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• The Income -Qualified Tenant's complete application and related information including the
name of each household member, proof of identity, and employment, income and asset
information for each household member;
• A copy of the lease agreement listing the term of tenancy and each Income -Qualified
Tenant residing in the Housing Unit; and
• Tenant Income Certification Form.
CSF shall recertify the income of the existing Income -Qualified Tenant annually following the
same procedures as at initial certification. An Income -Qualified Tenant's income is likely to
change over time. If these changes occur during the Affordability Period, CSF must take steps to
maintain compliance with the Income Eligibility requirements as provided herein.
A. For the purpose of this Agreement, the Period of Affordability shall be defined as the period beginning
upon execution of this Agreement and ending 15 (fifteen) years after the construction of the Housing
Unit is complete as evidenced by a certificate of occupancy. This Agreement shall remain in effect
until the expiration of the Period of Affordability.
B. This Agreement shall remain a first lien on the Property.
C. Rent for the Housing Unit shall be consistent with the State of Florida State Housing Initiatives
Partnership (SHIP) Program guidelines, which are revised annually and are made available from the
Florida Housing Finance Corporation. In the event that the SHIP designated rent should be reduced in
any given year, CSF is not required to accept rent lower than the rent provided in the initial contract or
agreement.
D. CSF shall comply with the provisions of the Landlord Tenant Act defined in Chapter 83 Part II of the
Florida Statutes and any City requirements which prohibit certain lease terms.
2. No Discrimination. CSF shall not discriminate, as defined by Federal Statutes, on the basis of race, creed,
color, sex, age, or national origin in the occupancy of the Property.
3. No Conflicts with Other Documents. CSF 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.
4. Records. CSF shall maintain accurate information regarding the compliance of the Property with the
terms of this Agreement during the Period of Affordability and, at the request of the City shall submit
this information to the City for the City's review and comment.
5. Monitoring. CSF shall permit the City or its designee to inspect all records pertaining to the Property
upon reasonable notice and within normal working hours and shall submit to the City such
documentation, as required by the City, to document compliance with this Agreement.
6. Successors Bound. This Agreement and the covenants and restrictions contained herein shall run with
the land and shall bind, and the benefits shall inure to CSF and its successors and assigns and all
subsequent owners of the Property or any interest therein, and to the City for the Period of
Affordability set forth in this Agreement.
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7. Enforcement of Terms. The benefits of this Agreement shall inure to, and may be enforced by,
the City for the Period of Affordability.
8. Severability. The invalidity of any clause, part, or provision of this Agreement shall not affect
the validity of the remaining portion thereof.
9. Defaults and Remedies. If CSF shall fail to observe or perform any covenant, condition, or agreement
contained herein on its part to be observed or performed, then and in such event, the City shall be entitled,
in addition to all other remedies provided by law or in equity, to compel specific performance by CSF, or
its successor in interest, of its obligations under this Agreement, it being recognized that the City cannot
be adequately compensated by monetary damages in the event of default.
10. Amendment. No amendment to this Agreement shall be effective unless it is in writing and signed by
each of the Parties.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized
officials on the date and year first above indicated.
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(CITY SIGNATURE PAGE)
Approved as to Form:
Matthew J. Mytych, Es
Assistant City Attorney
Date:
s/IS/ )Z
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City of Clearwater, Florida,
a Florida municipal corporation.
Jen er ' owrier
City Manage
Date: 5?3' AS
Attest:
Rosemarie Call
City Cler
Dat • l'aUJ A3/A 61A-5-
(CSF SIGNATURE PAGE)
Community Service Foundation Inc.,
Witness Name:/....),44/13. la#C- a Florida Not -For -Profit Corporation.
Addresst-j o9 � A
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Witness Name:
Address:
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By:
M di r Name:
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k Date: 1 s' aQ.'1`�j
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STATE OF I`1 P r t & • )
COUNTY OF 't ne_U 4 )
The foregoing instrument As acknowledged be ore me by means of ( physical presence or ( ) online
notarizatiop, this day of 2025 by > w L. -i(, ie as
L 6441 vie_ i r of Community Service Foundation, Inc. who is ( )personal y known to me
szrl) wloliaa p ofluesl _ _ _ , as identification
4 40'S. MARVALYN T. MALCOLM•SMITH
`+P:1 Notary Public • State of Florida
� ,�? Commission $ HH 214280
17?x M1?` My Comm. Expires May 2026
Bonded through National Notary Assn.
NOTARIAI,StKLT----
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No , ry ' ublic, State of Florida /
Name of Notary: g' tiU0./i VT -LT 641-cM
My Commission Expires: TJ' --
My Commission No.: J k L.f - a-
Exhibit "A"
Legal Description
The North 45 feet of Lot 5 and 6, Block "H", a Corrected Plat of the Clearwater Improvement Co.,
Plaza Park Addition, Clearwater, Fla, according to the map or plat thereof, as recorded in Plat Book 5,
Page(s) 53, of the Public Records of Hillsborough County, Florida, which Pinellas County, Florida was
formerly a part.
Parcel Number: 10-29-15-72000-008-0060
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