24/25 SHIP ADA BARRIERS AND ACCESSIBILITY GRANT AGREEMENT (3)CITY 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 /`* day of August, 2025 by and between the City of Clearwater, a Florida
municipal corporation (the " %ity") and Robert James Washington and Carolena Vanessia
Washington, a married couple (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 $20,000.00 per household to eligible City residents for the removal
of barriers and improvement of accessibility for special needs housing (the "Program"); and
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 1754 Fulton Ave,
Clearwater, FL 33755 (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 modify the bathroom to
accommodate a person with a disability and widen 2 doorways in the home to allow for wheelchair
access (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".
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4. Term. This Agreement shall be in effect for six (6) months 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 one hundred and twenty 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 reimburse the Recipient 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
reimbursement request and shall be provided directly to the Recipient's licensed
contractor or third party as authorized under the Program. In the event that the Grant
Funds will be used to reimburse the cost of repairs to the Recipient's home and permits
are required, the repairs must be inspected and deemed properly completed by the City's
building department 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. The Parties understand and agree that nothing in this Agreement creates any
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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:
Robert James Washington
1754 Fulton Ave
Clearwater, FL 33755
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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.
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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:
M.tthew J. Mytych, Esq.
Assistant City Attorney
Date:
THE CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation.
By:
Jesus Ni
City of Clearwater Economic Development
and Housing Director
Date: T�fl p�_(
Attest:
4 Rosemari Call
City Clerk
Date:
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RECIPIENT:
Robert James Washington
Byb'
Print name:
Date:
(RECIPIENT SIGNATURE PAGE)
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing ins ' nt was ac
notarization, thi y e ay of
is/are personally known to me or
RECIPIENT:
Carolena Vanessia Washington
By:C,.�,�'�,.v_�1��,..Y 4119-SPrint Name: r .zc r.� (v.t�H i'V
Date: 7/ 5 S
ged before me by means hysical presence or ❑ online
, 2025 by Robert James Washington, who ❑
who h .1 /have produced a drive 's licenas identification.
(NOTARIAL SEAL)
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was ac owl
notarization, thistcday of
who ❑ is/are personally known to me or
identification.
Notary Public, State e f Florida 7\ -
Name of Notary: Marvalyn T. Malcolm -Smith
My Commission Expires: May 1, 2026
My Commission No.: HH 214280
ged before me by means physical presence or ❑ online
, 2025 by Carolena Vanessa Washington,
ho has/have produced h dri = r s lice
(NOTARIAL SEAL)
....
,, MARVALYN T. MALCOLM•SMITH
+N� Notary Public • State of Florida
4 Commission 9 HH 2' 428 026
•, ........... M1 My Comm. Expires May
I.
. onded through National Notary Assn.
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Notary Public, State of Florida
Name of Notary: Marvalyn T. Malcolm -Smith
My Commission Expires: May 1, 2026
y Commission No.: HH 214280
EXHIBIT "A"
LEGAL DESCRIPTION
The South 35.72 feet of Lot 4 and the North 21.42 feet of Lot 5, Block A, Avondale,
according to the map or plat thereof, as recorded in Plat Book 7, Page(s) 40, of the Public
Records of Pinellas County, Florida, being more particularly described as follows:
Begin at the most Easterly point of the boundary line between said Lots 4 and 5 for a Point of
Beginning, and from the Point of Beginning thus established run Southerly along the
Easterly boundary of said Lot 5 a distance of 21.42 feet; thence Westerly parallel to the
boundary line between said Lots 4 and 5 a distance of 125.60 feet to the Westerly boundary of
said Lot 5; thence Northerly along the Westerly boundary of said Lots 4 and 5, a distance of
57.14 feet; thence Easterly parallel to the boundary line between Lots 4 and 5 a distance of
125.61 feet to the Easterly boundary of said Lot 4; thence Southerly along the Easterly
boundary of said Lot 4, a distance of 35.72 feet to the Point of Beginning.
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