24/25 SHIP-DR DISASTER ASSISTANCE GRANT AGREEMENT (4)CITY OF CLEARWATER
ECONOMIC DEVELOPMENT AND HOUSING DEPARTMENT
24/25 SHIP -DR DISASTER ASSISTANCE GRANT AGREEMENT
This Disaster Assistance Grant Agreement (this "Agreement") is made as of this 15`'�
day of , 2025 by and between the City of Clearwater, a Florida municipal corporation
(the "City' and Michele Edwards, an individual (the "Recipient" and collectively with the City
the "Parties").
WITNESSETH:
WHEREAS, many of the City's residents have incurred substantial damage and expenses due
to the effects of Hurricanes Helene and Milton; and
WHEREAS, the City, through its State Housing Initiatives Partnership ("SHIP") funding has
established the City of Clearwater Disaster Assistance Strategy under which SHIP funds may be
awarded in amounts not to exceed $20,000.00 per household to eligible City residents who have been
impacted by the effects of Hurricanes Helene and Milton (the "Program"); and
and
WHEREAS, grants provided under the Program will not be subject to recapture by the City;
WHEREAS, the Recipient is the owner of certain real property located at 1424 Heaven Sent
Lane, Clearwater, FL 33755 (the "Property"); and
WHEREAS, the City has approved a 24/25 SHIP -DR disaster assistance grant to the Recipient
in an amount not to exceed $7,050.00 under the Program to provide disaster relief assistance to the
Recipient. Specifically, the grant is intended to provide for tree trimming, remove rubbish on the
Property, tear soffit, replace wood, change out wood panels, tear out and replace old screening, install
aluminum panels, clear and repaint lanai floor (the "Project"); and
WHEREAS, the City finds that providing financial assistance for disaster relief to the
Recipient 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 terminate 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 is the owner of the Property;
b. The Property is located within Clearwater city limits. The property tax code is CW;
c. The Property is the primary residence and legal homestead of the Recipient;
d. The Recipient is current on their property taxes and insurance for the Property;
e. The Recipient's household income does not exceed one hundred and twenty percent
(120%) of the Area Media Income ("AMI"); and
f. The just value of the property does not exceed $481,176.00 as shown on the property
appraisers' website.
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 Seven Thousand fifty dollars and zero cents ($7,050.00) (the
"Grant Funds"). The Grant Funds shall be payable within thirty (30) days of receipt of a
fully completed reimbursement request. 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. In lieu of providing direct payment to the Recipient, payments may be made to
the Recipient's licensed contractor or other third 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.
2. Under no circumstances may the Grant Funds be used for any purpose other than the
completion of the Project. If the Economic Development and Housing Director (the
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"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, if the
Recipient defaults under the Disaster Relief Assistance Duplication of Benefits Form
attached hereto as Exhibit "B", 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:
Michele Edwards
1424 Heaven Sent Lane
Clearwater, Florida 33755
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
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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
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
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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.
Approved as to form:
Matthew J. Myty Esq.
(CITY SIGNATURE PAGE)
9r -
Assistant City Attorney
Date: � (31 aS
THE CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation.
By:
Jesus Nin
City of Clearwater Economic Development
and Housing Dir ctor
Date: - (/ S (2C-
Attest:
2S
Attest:
! , i
1Of Rosemarie Call
City Clerk
Date:
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(RECIPIENT SIGNATURE PAGE)
RECIPIENT:
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STATE OF FLORIDA
COUNTY OF PINELLAS )
The foregoing ent w acknow edged before me by means gphysical ins: resen or online
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notarization, this �ay of VI , 2025 by /'�i 4 4e. th4), o E is/are
personally known to me or Vwho`has/have produced a driver's license as identification.
(NOTARIAL SEAL)
MARVALYN T. MALCOLM•S MIT
Notary Public - State of Florida
Commission # HH 214280
c M. My Comm. Expires May 1. 2026
Bonded through National Notary Assc.
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-4ThficLQ,u3/4„
Notary Public, State f F or da
Name of Notary: a 1( /YI -`SM
My Commission Expires: 5- .00?
My Commission No.: 1-1)-1 0/ L
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 12, SANDY OAKS, according to the map or plat thereof as recorded in Plat Book 93, Pages
81-82, Public Records of Pinellas County, Florida
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EXHIBIT "B"
DISASTER RELIEF ASSISTANCE DUPLICATION OF BENEFITS FORM
The Recipient agrees that if they receive any additional federal, state, or local benefits (such
as FEMA funds), insurance benefits, or charitable donations in connection with losses sustained
during Hurricanes Helene or Milton, the Recipient will immediately report receiving such benefits
to the City via email at DisasterAssistance@myclearwater.com or by mail at the City address listed
in Section V., Paragraph 1. of the Disaster Assistance Grant Agreement within one (1) month of
receipt of additional proceeds and/or benefits. If the Recipient fails to report additional benefits or
charitable donations within the aforementioned timeframe, then the City may require immediate
repayment in full of the entire amount of the Grant Funds provided by the City.
The Recipient agrees any benefits received from the above -referenced sources subsequent
to the award of the Grant Funds are a duplication of benefits ("DOB") and that the Recipient shall
be required to repay all or a portion of the Grant Funds in accordance with the following
provisions:
A. If the Grant Funds have been fully paid to the Recipient, any subsequent DOB proceeds
shall be repaid by the Recipient to the City up to the amount of the Grant Funds provided.
B. If no portion of the Grant Funds have been paid to the Recipient, the Recipient shall notify
the City of any subsequent DOB proceeds and the Grant Funds shall be reduced by the
amount of DOB proceeds received by the Recipient. If the amount of subsequent DOB
proceeds reduces the Grant Funds to zero dollars and 00/100 cents ($0.00), this Agreement
shall terminate.
C. If only a portion of the Grant Funds have been paid by the City to the Recipient, any
subsequent DOB proceeds shall be used to reimburse the City for the amount of the Grant
Funds paid. Furthermore, the unexpended Grant Funds shall be reduced by the DOB
proceeds remaining after repayment of the disbursed portion of the Grant Funds. If the
amount of subsequent DOB proceeds reduces the unexpended Grant Funds to zero, this
Agreement shall terminate.
D. If the City makes the determination that the Recipient does not qualify to participate in the
Disaster Relief Program or the Recipient decides to no longer participate in the program
this Agreement shall terminate.
The Recipient certifies that they have provided complete, accurate, and current information
regarding household income to demonstrate the Recipient's eligibility to receive the Grant Funds.
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MARVALYN T. MALCOLM.SMITH
Notary Public - State of Florida
4 Commission 4 HH 214280 I
ov a My Comm. Expires May ' . 2026
Bonded through National Notary Assn. I
ailmemliammamiumarammomerimarmasomomermPolA
(DUPLICATION OF BENEFITS SIGNATURE PAGE)
/By: %/';._ ..,-1/4,...<,- .,c_ ,_ ,(.4'-• —""
Print name:l lJ! t� /i) E g A %i--'�
Date: ".,t•3
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instr ment was acknowled ed before me by meanshysica/4,iaiao
r senor online
notarization, this ) day of ! 2025 by Ptj �,e is/are
personally known to me or L'w ` o . s/have produced a driver's licens : as identifica .on.
(NOTARIAL SEAL)
9
Notary Public, St o o ida /
Name of Notary: to c.o( _fib i��{�j_„`�
My Commission Expires: 9-I -
My Commission No.: 1 --IN .)l Q