LAND USE RESTRICTION AGREEMENT HOME INVESTMENT PARTNERSHIP PROGRAM HOME BUYER (2)Prepared by: Matthew J. Mytych, Esq.
City of Clearwater
Dept. of Economic Development & Housing
P.O. Box 4748
Clearwater, FL 33758
LAND USE RESTRICTION AGREEMENT
HOME INVESTMENT PARTNERSHIPS PROGRAM
HOME BUYER
THIS LAND USE RESTRICTION AGREEMENT (this "Agreement") is entered into on August 20, 2025 by
and between Sarah McCoy, a a single person, whose address is 1359 S Michigan Ave, Clearwater, FL 33756
(the `Borrower") and the City of Clearwater, Florida, a Florida municipal corporation, whose mailing address is
P.O. Box 4748, Clearwater, Florida 33758-4748 (the "City").
WHEREAS, the Borrower is purchasing certain real property located at 1359 S Michigan Ave,
Clearwater, FL 33756 (the "Property") which is the subject of a mortgage and note executed by the Borrower
of even date herewith (the "Mortgage" and the "Note" respectfully); and
WI-IEREAS, the Borrower agrees that the restrictive covenants described herein shall remain in full force
and effect against the Property until the end of the Period of Affordability provided herein; and
WHEREAS, these covenants shall be properly filed and recorded by City in the Official Public Records
of Pinellas County, Florida and shall constitute a valid restriction upon the use of the Property subject to and in
accordance with the terms contained herein; and
NOW THEREFORE, in consideration of the funds the City has provided to the Borrower for a loan to
finance the down payment, closing costs, and gap assistance (if applicable) for the Property (the "Loan" or the
"HOME Funds"), the City and the Borrower hereby agree as follows:
1. Recitals. The recitals set forth above are true and correct and are incorporated herein and made part of this
Agreement.
2. Legal Description: The Property is legally described as provided in Exhibit "A" attached hereto.
3. Borrower Acknowledgement. The Borrower acknowledges that the restrictive covenants contained in this
Agreement are necessary to comply with the requirements of the HOME Investments Partnership Program
stated at 24 CFR §92.254 from which funds were used to provide homeownership assistance financing
through the City and its partners.
4. Covenants and Restrictions on Use of HOME Funds. The HOME Funds provided to the Borrower will be
used for homeownership assistance for the acquisition of the Property. At the time of the application for the
Loan, the Borrower's annual income should 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 with
adjustments for smaller and larger families at the time of purchase of the new home. The home must be the
principal residence of the Borrower.
Revised: May 2025 Page 1 of 5
5. The value of the HOME -assisted unit shall not exceed ninety-five percent (95%) of the median purchase price
for that type of single-family housing for the area (FHA 203(b) limits). The maximum per unit subsidy
amount shall not exceed the per dollar limits established under Section 221(d)(3)(ii) of the National Housing
Act.
6. The Borrower shall have fee simple title to the Property.
7. Period of Affordability. For the purpose of this Agreement, the Period of Affordability shall be a period
beginning when the HOME Funds are invested and ending at the end of Fifteen (15) years thereafter. This
Agreement shall terminate at the end of the Period of Affordability.
8. During the Period of Affordability, the HOME -assisted unit must be occupied by the Borrower. Should the
Borrower sell the Property to any willing buyer at whatever price the market will bear, the sale will trigger
recapture of the HOME Funds. In addition, if the Borrower should rent and/or transfer the property, or if the
home shall cease to be the principal/homestead residence of the Borrower, it will trigger repayment of the
HOME assistance.
9. Recapture. The City will use this recapture provision for repayment of the Loan should the Borrower not
comply with the Period of Affordability or any other provision in the mortgage, note, or other covenant related
to the loan. In the event of default, the Borrower shall repay the City in accordance with the following:
A. Upon voluntary conveyance of the home, the City shall recapture from the net proceeds of the sale, the
unpaid balance of the HOME Funds. If the Property is transferred without a sale, the City shall recapture
the unpaid balance of the HOME Funds.
B. After the City has been repaid the unpaid balance of the HOME funds, the Homebuyer may then recover
their initial investment of the remaining net proceeds from the sale. The initial investment shall include
the amount they contributed to the down payment when the Property was initially purchased and any
documented permanent improvements made to the Property at time of acquisition.
C. Any balance of the net proceeds remaining after repayment of the unpaid balance of the City's HOME
funds and the Homebuyer's recoupment of their initial investment shall be divided proportionally between
the Homebuyer and the City in accordance with each parties' initial investment percentage in the Property
compared to each other. The City's initial investment percentage shall be calculated to include all grants
and loans of HOME or other City funds provided to the Homebuyer, minus any repayments previously
made to the City.
Pursuant to 24 CFR § 92.254(a)(5)(ii), Under no circumstances may the City recapture funds exceeding
the net proceeds. The net proceeds are the sales price minus superior loan repayment (other than HOME
funds) and any closing costs.
Notwithstanding the above provision, the City may recapture the unpaid balance HOME Funds should the
Homebuyer otherwise default under the terms of any mortgage, note, land use restriction agreement, or
any other agreement or covenant executed in connection with the acquisition.
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10. In the event the Property is conveyed pursuant to a foreclosure sale, the provisions of 24 CFR § 92.254
(a)(5)(ii) of the HOME Program shall apply. The recapture provision provides for shared net proceeds (if any)
from the foreclosure sale. If there are no net proceeds from the foreclosure, repayment by the City or the
Borrower is not required, and HOME Program requirements are considered to be satisfied.
11. Successors Bound. This Agreement and the covenants contained herein shall run with the Property and shall
bind, and the benefits shall inure the Borrower, their successors and assigns, and all subsequent owners of the
Property.
12. Enforcement. Violation or breach of any restrictions or covenant herein contained shall give the City the
right to institute any proceeding at law or in equity necessary to recover the applicable sum set forth in this
Agreement. If action is instituted by the City to recover the sum, the Borrower or its successors in the title
agree to pay all costs to collection, including court costs and reasonable attorney's fees.
IN WITNESS WHEREOF, this Agreement has been duly signed by the Borrower and the City on the date
and year first above written.
(CITY OF CLEARWATER SIGNATURE PAGE)
Approved as to form:
CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation.
By:
Matthew J. Mytych, Esq. 'Tv : Rosemarie Call
Assistant Cit Attorney City Clerk
Date: 6jlg7,2s Date: " "I "a5
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(BORROWER SIGNATURE PAGE)
Signed, sealed, and delivered in the presence of:
*Note: two witnesses are required*
Borrower: Sarah McCoy
Witness #1 Signature Print Name:
Print Name: Date:
Address:
Witness #2 Signature
Print Name:
Address:
STATE OF )
COUNTY OF )
The foregoing instrument was acknowledged before me by means of 7 physical presence or J online notarization,
this day of , 2025 by who is personally known to me or ❑
who has produced as identification.
Notary Public, State of Florida
(NOTARIAL SEAL) Name of Notary:
My Commission Expires:
My Commission No.:
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EXHIBIT "A"
LEGAL DESCRIPTION
Lot 3, Block J of LAKEVIEW HEIGHTS, according to the Plat thereof as recorded in Plat Book 13, Page(s) 5, of
the Public Records of Pinellas County, Florida.
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