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24/25 SHIP ADA BARRIERS AND ACCESSIBILITY GRANT AGREEMENTCITY OF CLEARWATER ECONOMIC DEVELOPMENT AND HOUSING DEPARTMENT 24/25 SHIP ADA BARRIERS AND ACCESSIBILITY GRANT AGREEMENT This SHIP ADA Barriers and Accessibility Grant Agreement (this "Agreement") is made as of this ACV/4'day of 50 1`1 , 2025 by and between the City of Clearwater, a Florida municipal corporation (the "City") and Georgette E. Richardson, a single woman (the "Recipient" and collectively with the City the "Parties"). WITNESSETH: WHEREAS, certain City's residents require Americans with Disability Act ("ADA") assistance for the removal of barriers and improvement of accessibility for special needs housing; and WHEREAS, the City, through its State Housing Initiatives Partnership ("SHIP") funding has established the Owner -Occupied Rehabilitation Strategy which in part, allows SHIP funds to be awarded in amounts not to exceed $15,000.00 per household to eligible City residents for the removal of barriers and improvement of accessibility for special needs housing (the "Program"); and up to an additional $5,000.00 for program administration. WHEREAS, grants provided under the Program will not be subject to recapture by the City; and WHEREAS, the Recipient is the owner of certain real property located at 1151 Howard Street, Clearwater, FL 33756-7104 (the ``Property"); and WHEREAS, the City has approved a 24/25 SHIP ADA Barriers and Accessibility grant to the Recipient to remove barriers and improve accessibility for special needs housing as well as cover project delivery costs. Specifically, the grant is intended to address ADA retrofitting for qualified households (the "Project"); and WHEREAS, the City finds that providing financial assistance for the Project is a permissible use of the City's SHIP funds. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties hereby agree as follows: I. GENERAL 1. Recitals. The foregoing recitals are true and correct and are incorporated herein and form a part of this Agreement. 2. Purpose of Agreement. The purpose of this Agreement is to provide grant funding for the Project. 3. Legal Description. The legal description for the Property is attached hereto as Exhibit "A". 1 4. Term. This Agreement shall be in effect for one (1) year from the date of its execution or upon disbursement of all of the grant funds provided herein, whichever occurs earlier. II. RECIPIENT'S WARRANTIES AND RESPONSIBILITIES 1. Development of the Project. The Recipient shall complete the Project in accordance with the grant application and the Program, the terms of which are incorporated herein as a part of this Agreement. The Recipient shall complete all Project work before the expiration of this Agreement. 2. Warranties of the Recipient. The Recipient warrants that the following information is true and correct: a. The Recipient qualifies as a "persons with special needs" as defined under Fla. Stat. § 420.0004; b. The Recipient is the owner of the Property; c. The Property is located within Clearwater city limits. The property tax code is CW; d. The Property is the primary residence and legal homestead of the Recipient; e. The Recipient is current on their property taxes and insurance for the Property; f. The Recipient's household income does not exceed eighty percent (80%) of the Area Media Income ("AMI"); g. The just value of the property does not exceed $481,176.00 as shown on the property appraisers' website; h. All expenditures of grant funds will be paid directly to the licensed/insured contractor performing the work; and i. The Property Owner(s) will make every reasonable effort to keep the property in good repair. III. GRANT CONDITIONS 1 Grant Funding. The City shall provide reimbursement for the Project's eligible costs up to a total grant amount of Twenty Thousand Dollars and 00/100 cents ($20,000.00) (the "Grant Funds"). Up to Fifteen Thousand Dollars and 00/100 cents ($15,000.00) of the Grant Funds may be used to construct the ADA improvements and up to Five Thousand Dollars and 00/100 Cents ($5,000.00) may be used for project delivery costs. The Grant Funds shall be payable within thirty (30) days of receipt of a fully completed payment request and shall be provided directly to the Recipient's licensed contractor, RDCR, LLC, or third party as authorized under the Program. Permits are required; the repairs will be inspected and deemed properly completed by the City's building department and the Inspector assigned to the project by the City before disbursal of the Grant Funds. Any Project costs exceeding the Grant Funds shall be the sole responsibility of the Recipient and the Recipient shall not be eligible for any additional grant funding under the Program. Payments will be made to the Recipient's licensed contractor or other third 2 parties as authorized under the Program. The Parties understand and agree that nothing in this Agreement creates any contractual relationship between the City and any contractor or third party and the City shall not be liable for any monies owed to any contractor or third party. The ability of the City to pay the contractor or third party directly is only for the sake of convenience to the Recipient and the Recipient remains exclusively liable for any funds owed to the contractor or third party. Any unused funds at time of termination of this Agreement shall return to the City. 2. Under no circumstances may the Grant Funds be used for any purpose other than the completion of the Project. The use of the Grant Funds for general improvements to the Property is strictly prohibited. If the Economic Development and Housing Director (the "Director") determines that a reimbursement request does not meet the requirements of this Agreement, the Project, or the Program, then the Parties agree that the City shall not owe any monies to the Recipient for the requested reimbursement, the Recipient shall have no recourse against the City, and the Director's decision shall be final without any means of appeal. IV. RECIPIENT DEFAULT 1. Event of Default. The occurrence of a breach by the Recipient of any term, condition, requirement, or warranty of the Program, this Agreement, the Recipient's application, or any of the exhibits attached hereto shall constitute an event of default by the Recipient. 2. City Remedy Upon Certain Recipient Default. In the event of a default, the Parties agree that upon the City giving written notice, that this Agreement shall be null and void and that the City will have no further responsibility to the Recipient, including the responsibility to tender any remaining amounts of the Grant Funds to the Recipient. Additionally, the City shall be entitled to the return of all the Grant Funds provided to the Recipient. The remedial provisions shall survive the termination of this Agreement. V. MISCELLANEOUS 1. Notices. All notices, demands, requests for approvals, or other communications given by either party to another shall be in writing, and shall be sent to the office for each party indicated below and addressed as follows: To the Recipient: Georgette E. Richardson 1151 Howard Street Clearwater, FL 33756-7104 3 To the City: City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 Attention: Executive Director with copies to: City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 Attention: Clearwater City Attorney's Office 2. Indemnification. The Recipient agrees to assume all inherent risks of this Agreement and all liability therefore, and shall defend, indemnify, and hold harmless the City, and the City's officers, agents, and employees from and against any and all claims of loss, liability and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property, except claims arising from the negligence of the City, or the City's agents or employees. This includes, but is not limited to, matters arising out of or claimed to have been caused by or in any manner related to the Recipient's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the Recipient whether or not based on negligence. Nothing herein shall be construed as consent by the City to be sued by third parties, or as a waiver or modification of the provisions or limits of Section 768.28, Florida Statutes, or the Doctrine of Sovereign Immunity. 3. Assignability; Complete Agreement. This Agreement is non -assignable by either party and constitutes the entire Agreement between the Recipient and the City and all prior or contemporaneous oral and written agreements or representations of any nature with reference to the subject of this Agreement are canceled and superseded by the provisions of this Agreement. 4. Applicable Law and Construction. The laws of the State of Florida shall govern the validity, performance, and enforcement of this Agreement. This Agreement has been negotiated by the City and the Recipient, and the Agreement, including, without limitation, the exhibits, shall not be deemed to have been prepared by the City or the Recipient, but by all equally. 5. Severability. Should any section or part of this Agreement be rendered void, invalid, or unenforceable by any court of law, for any reason, such a determination shall not render void, invalid, or unenforceable any other section or part of this Agreement. 6. Amendments. This Agreement cannot be changed or revised except by written amendment signed by the Parties. 7. Jurisdiction and Venue. For purposes of any suit, action, or other proceeding arising out of or relating to this Agreement, the Parties do acknowledge, consent, and agree that venue thereof is Pinellas County, Florida. Each party to this Agreement hereby submits to the jurisdiction of the State of Florida, Pinellas County and the courts thereof and to the jurisdiction of the United States District Court for the Middle District of Florida, for the purposes of any suit, action, or other proceeding arising out of or relating to this Agreement and hereby agrees not to assert by way of a motion as a defense or otherwise that such action is brought in an inconvenient forum or that the venue of such action is improper or that the subject matter thereof may not be enforced in or by such courts. If, at any time during the term of this Agreement, the Recipient is not a resident of the State of Florida or has no office, employee, agency, registered agent or general partner thereof 4 available for service of process as a resident of the State of Florida, or if any permitted assignee thereof shall be a foreign corporation, partnership or other entity or shall have no officer, employee, agent, or general partner available for service of process in the State of Florida, the Recipient hereby designates the Secretary of State, State of Florida, its agent for the service of process in any court action between it and the City arising out of or relating to this Agreement and such service shall be made as provided by the laws of the State of Florida for service upon a nonresident; provided, however, that at the time of service on the Florida Secretary of State, a copy of such service shall be delivered to the Recipient at the address for notices as provided in Section V, Paragraph 1. 8. Termination. If not earlier terminated as provided in this Agreement, this Agreement shall expire at the end of the Term. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the date and year first above written. (CITY SIGNATURE PAGE) Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorne Date: 7/ »/o's THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation. By: Jesus City of Clearwater Economic Development and Housing, Iim Dir ctor Date: 7725 (Z Attest: gyp' Rosemarie Call City Clerk Date: 5 (RECIPIENT SIGNATURE PAGE) RECIPIENT: Georgette E. Richardson By: -'L Print name: 'eet,F ¢,' t_11F;La5d�1/ Date: —43)— The 43I"' STATE OF FLORIDA COUNTY OF PINELLAS ) The foregoing inst ent was,l_cjino ledged before me by means r'physical presence or .7_1 online notarization, this ay of , 2025 by Georgette E. Richardson, who is/are personally known to me or,(who h /have produced a driver's license as identification. (NOTARIAL SEAL) 1 , ° ,. MARYALYN T. MALcoLM•sMrrH ► *.: *Airy Pubik • State of =:orida Commission I HH 214210 { d� kty Comm. Expires May 1. 2026 ► Banded through National %otar, Ass*. Notary Public, State of Flori a Name of Notary: ( My Commission Expires: 5— 1 ` My Commission No.: E4 Fl Q- 1 �5" () EXHIBIT "A" LEGAL DESCRIPTION Lot 1, Block "E", CAROLINA TERRACE, according to the map or plat thereof as recorded in Plat Book 12, page 15, Public Records of Pinellas County, Florida. 7 BRIGHT AND BEAUTIFUL' RAY TO BF.ACH CITY OF CLEARWATER ECONOMIC DEVELOPMENT AND HOUSING DEPARTMENT ADA BARRIERS AND ACCESSIBILITY GRANT AWARD LETTER This is a GRANT AGREEMENT by and between the City of Clearwater and the party(s) listed below to provide funds to remove barriers and improve accessibility for special needs households in the city of Clearwater. These funds are a Grant and do not need to be paid back. PROPERTY OWNER(S)/ GRANT RECIPIENT(S) Georgette E. Richardson GRANT AMOUNT (Not to Exceed) $15,000.00 for the ADA modifications $5,000.00 for program administration PROPERTY ADDRESS FUNDING SOURCE 1151 Howard Street SHIP Funds PARCEL ID#: 22-29-15-13662-005-0010 Funds have been approved for the work described below only. The Grant may not be used to pay for any other work. D ADA bathroom modifications as performed by RDCR, LLC, attached The GRANT RECIPIENT(S) herein states and agrees that the following are true and correct: • Residence to be repaired is the Principal Residence and Occupied by GRANT RECIPIENT(S) • All expenditures of grant funds will be paid directly to the licensed/insured contractor performing the work • The Property Owner(s) will make every reasonable effort to keep the property in good repair. • The taxes and insurance on the property are current • The property owners income is at or below 80% Area Median Income (AMI) The GRANT RECIPIENT(S) agree to the following terms and conditions: • No general property improvements are allowed • This is a one time only grant for disabled retrofit modification • The funds awarded must be utilized within 6 months from the date the GRANT RECIPIENT signed below; unused funds will be recaptured by the City of Clearwater I/We agree to the terms and conditions specified in this GRANT AWARD and that all information provided in the application is true and correct as of the date set forth opposite the signatures below. I/We also acknowledge that the grant funds are not required to be paid back, nor will the grant funds be reflected on the mortgage or note. This is a one-time grant which shall not exceed $15,000.00. City of Clearwater - Economic Development & Housing Department Jesus Ni , nterim Director, Housing Division Da I/We gree to the terms and conditions specified in this GRANT AWARD LETTER. etdIPPLAt1414/V, created — 08-22-2024 Date Location: Hall Bathroom ADA Quantity Cost/Units Total 16 - ADA - HALL BATHROOM REHABILITATION 1 $7,979.00 $7,979.00 (Specification ID: 20.00000 Estimated Qty: l ) Remove the bathtub, wall finish, fixtures, vanity, medicine cabinet and mirrors. Replace with low step-in shower with ceramic tile surround, shower fixtures, vanity with top and fixtures, 1 medicine cabinet and 1 mirror. Allowances: Tile: $1.99/sf shower fixtures: $80.00 Vanity with top and fixtures: $400.00 mirror: $300.00 medicine cabinet: $100.00 Customer: Contractor: