RESIDENTIAL EXTERIOR IMPROVEMENT GRANT AGREEMENT - NG-R-25-04RESIDENTIAL EXTERIOR IMPROVEMENT GRANT AGREEMENT
NG -R-25-04
This Residential Exterior Improvement Grant Agreement (this "Agreement") is made as of
(the "Effective Date"), by and between THE COMMUNITY REDEVELOPMENT
AGE CY OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and politic of
the State of Florida created pursuant to Part III, Chapter 163, Florida Statutes (the "Agency"), and
Barbara Miller, an individual (the "Applicant ")(collectively the Agency and the Applicant are the
"Parties").
WITNESSETH:
WHEREAS, the Agency was created to implement community redevelopment activities as
provided in the Florida Community Redevelopment Act of 1969 (the "Act") codified at Chapter 163,
Part III, Florida Statutes; and
WHEREAS, on January 12, 2023, the Agency adopted the North Greenwood Community
Redevelopment Area Plan (the "Plan"); and
WHEREAS, in furtherance of the Plan, the Agency has established the Residential Exterior
Improvement Grant Program (the "Program") to rehabilitate single-family homes, improve property
conditions, aesthetics, reduce housing cost burden, and aid in the elimination of slum and blight in
the North Greenwood Community Redevelopment Area (the "Redevelopment Area"); and
WHEREAS, the Agency has approved a grant to the Applicant in an amount not to exceed
$12,832.69 in financial assistance under the Program to provide exterior improvement assistance to
the property located at 1735 Jade Avenue Clearwater, Florida 33755 (the "Property"). The grant is
intended to update the bathroom to be ADA compliant and replace a window at the Property (the
"Project") as further detailed in the Applicant's grant application and plan specifications attached
hereto as Exhibit "C" (the "Specifications"); and
WHEREAS, the Agency finds that providing financial assistance for the exterior
improvement of the Property is a permissible use of the Agency's funds; and
WHEREAS, the Agency finds that the Project comports with and furthers the goals,
objectives, and policies of the Plan.
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 in and form a
part of this Agreement.
2. Purpose of Agreement. The purpose of this Agreement is to further the implementation of
the Plan by the completion of the Project.
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3. Legal Description. The legal description for the Property is attached hereto as Exhibit "A".
II. APPLICANT WARRANTIES AND RESPONSIBILITIES
1. Development of the Project. The Applicant shall complete the Project in accordance with
the Specifications and the grant application. The Applicant shall complete all Project work
within one hundred and eighty (180) days from the date of application approval. Such
completion shall be evidenced by receipt of a Finding of Project Completion from the
Agency. A Finding of Project Completion shall be granted in accordance with the criteria
contained in the Agency's Residential Exterior Improvement Grant Policy attached hereto
as Exhibit "B" (the "Policy"). The date of application approval shall be the Effective Date.
2. Applicant's Project Contribution. As a condition of receiving reimbursement grant funding
from the Agency, the Applicant shall provide nine hundred sixty-two dollars and 45/100
cents ($962.45) in monetary contribution (the "Monetary Contribution") toward the Project.
Evidence of expenditure of the Monetary Contribution towards the Project shall be submitted
to the Agency's satisfaction before disbursement of the Agency's grant funding.
Notwithstanding the foregoing, the Applicant may have the Monetary Contribution reduced
if the Applicant completes certain community service acts in accordance with the Policy.
The Applicant has agreed to complete six (6) hours of community service ("Hours")
reducing the Monetary Contribution to nine hundred sixty-two dollars and 45/100
($962.45) (the "Reduced Contribution"). In the event the Applicant is unable to provide
the number of Hours agreed to herein, the Reduced Contribution shall be calculated only
by the number of Hours actually provided. The difference between the Monetary
Contribution and the Reduced Contribution shall be added to the balance of the
Applicant's available grant funds. For avoidance of doubt, the amount that can be added
to the Applicant's available grant funds is the amount of money that is subtracted out of
the Monetary Contribution for the completion of Hours to calculate the Reduced
Contribution. Proof of completion of Hours shall be provided to the Agency before release
of grant funds.
3. Warranties of the Applicant. The Applicant warrants that the following information is true
and correct:
a. The Applicant is the owner of the Property;
b. A single-family home is located on the Property;
c. The Property is located in the Redevelopment Area;
d. The Property is the primary residence and legal homestead of the Applicant or meets an
alternative qualification under the Policy;
e. The Applicant is current on their property taxes for the Property or a payment plan has been
approved by the Director;
f. The Applicant is current on all mortgage payments, if applicable;
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g. The Property has no outstanding code enforcement or building code violations or the
Applicant has made the Agency aware of such violations and the Agency has agreed to allow
the Project to move forward as the renovations will remediate any violations; and
h. The Property has not received a grant from the Agency in the preceding thirty-six (36) months
prior to the Effective Date.
III. AGENCY RESPONSIBILITIES
1. Grant Funding. The Agency shall reimburse the Applicant for the Project's eligible costs
up to a base amount of eleven thousand eight hundred seventy dollars and 24/100 cents
($11,870.24). Depending upon the number of Hours completed or a waiver of the
community service option pursuant to the Policy, the Applicant may receive up to an
additional nine hundred sixty-two dollars and 45/100 cents ($962.45) in grant funds for a
total grant not to exceed twelve thousand eight hundred thirty-two dollars and 69/100 cents
($12,832.69) (the "Grant Funds"). The Grant Funds shall be payable within thirty (30)
days of receipt of a fully completed reimbursement request after the issuance of a Finding
of Project Completion by the Agency assuming the Applicant has also complied with
Section II of this Agreement where applicable.
2. Upon agreement between the Agency and the Applicant, the Agency may provide the
Grant Funds directly to any approved licensed contractor or vendor in lieu of providing
the Grant Funds to the Applicant. Notwithstanding Paragraph 1 of this section, The
Agency's director (the "Director") may allow earlier draw requests of the Grant Funds to
approved licensed contractors or vendors in accordance with the Policy. However, the
Grant Funds disbursed to a contractor or vendor shall not be disbursed more frequently
than once every thirty (30) days. The Parties understand and agree that nothing in this
Agreement creates any contractual relationship between the Agency and any contractor or
vendor and the Agency shall not be liable for any monies owed to any contractor or vendor.
The ability of the Agency to pay the contractor or vendor directly is only for the sake of
convenience to the Applicant and the Applicant remains exclusively liable for any funds
owed to the contractor or vendor.
3. If the Director determines that a reimbursement request does not meet the requirements of
this Agreement or the Policy, then the Parties agree that the Agency shall not owe any
monies to the Applicant for the requested reimbursement, the Applicant shall have no
recourse against the Agency, and the Director's decision shall be final without any means
of appeal.
IV. APPLICANT DEFAULT
1. Failure to Timely Complete the Project. If the Applicant fails to obtain a Finding of
Project Completion within one hundred eighty (180) days of the date of application
approval, then the Parties agree that the Applicant shall be in default under this Agreement
without notice or opportunity to cure the default. An extension to this timeframe may be
granted by the Director for good cause if the Applicant submits a written request for such
an extension before the expiration of the one hundred eighty (180) day period.
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2. Other Events of Default. In addition to the foregoing event of default, the occurrence of
any one or more of the following events after the Effective Date shall also constitute an
event of default by the Applicant:
a. The Applicant makes a general assignment for the benefit of its creditors, or admits in
writing its inability to pay its debts as they become due or files a petition in bankruptcy,
or is adjudicated a bankrupt or insolvent, or files a petition seeking any reorganization,
arrangement, composition, readjustment, liquidation, dissolution or similar relief under
any present or future statute, law or regulation or files an answer admitting, or fails
reasonably to contest, the material allegations of a petition filed against it in any such
proceeding, or seeks or consents to or acquiesce in the appointment of any trustee,
receiver or liquidator of the Applicant or any material part of such entity's properties;
b. Within sixty (60) days after the commencement of any proceeding by or against the
Applicant seeking any reorganization, arrangement, composition, readjustment,
liquidation, dissolution or similar relief under any present or future statute, law or
regulation, such proceeding shall not have been dismissed or otherwise terminated, or
if, within sixty (60) days after the appointment without the consent or acquiescence of
the Applicant or any trustee, receiver or liquidator of any such entities or of any material
part of any such entity's properties, such appointment shall not have been vacated; or
c. A breach by the Applicant of any other term, condition, requirement, or warranty of
this Agreement or the Policy.
3. Agency's Remedy Upon Certain Applicant Default. In the event of default and if the
Applicant has failed to cure the default within the allotted time prescribed under Section
IV, Paragraph 4 (if applicable), then the Parties agree that: a) this Agreement shall be null
and void; b) that the Agency will have no further responsibility to the Applicant, including
the responsibility to tender any remaining amounts of the Grant Funds to the Applicant;
and c) that if the Agency has tendered any of the Grant Funds to the Applicant, the Agency
shall be entitled to the return of all the Grant Funds plus default interest at a rate of ten
percent (10%) starting from the date of default. The remedial provisions shall survive the
termination of this Agreement.
4. Notice of Default and Opportunity to Cure. The Agency shall provide written notice of a
default under Section IV, Paragraph 2 of this Agreement and provide the Applicant thirty
(30) days from the date the notice is sent to cure such a default. This notice will be deemed
received when sent by first class mail to the Applicant's notice address or when delivered
to the Applicant if sent by a different means.
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:
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To the Applicant:
Barbara Miller
1735 Jade Avenue
Clearwater, FL 33755
To the Agency:
Community Redevelopment Agency of
the 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. Unavoidable Delay. Any delay in performance of or inability to perform any obligation
under this Agreement (other than an obligation to pay money) due to any event or
condition described in this section as an event of "Unavoidable Delay" shall be excused
in the manner provided in this section.
3. "Unavoidable Delay" means any of the following events or conditions or any combination
thereof: acts of God, acts of the public enemy, riot, insurrection, war, pestilence,
archaeological excavations required by law, unavailability of materials after timely
ordering of same, building moratoria, epidemics, quarantine restrictions, freight
embargoes, fire, lightning, hurricanes, earthquakes, tornadoes, floods, extremely abnormal
and excessively inclement weather (as indicated by the records of the local weather bureau
for a five year period preceding the Effective Date), strikes or labor disturbances, delays
due to proceedings under Chapters 73 and 74, Florida Statutes, restoration in connection
with any of the foregoing or any other cause beyond the reasonable control of the party
performing the obligation in question, including, without limitation, such causes as may
arise from the act of the other party to this Agreement, or acts of any governmental
authority (except that acts of the Agency shall not constitute an Unavoidable Delay with
respect to performance by the Agency).
An application by any party hereto for an extension of time pursuant to this section must be
in writing, must set forth in detail the reasons and causes of delay, and must be filed with
the other party to this Agreement within thirty (30) days following the occurrence of the
event or condition causing the Unavoidable Delay or thirty (30) days following the party
becoming aware (or with the exercise of reasonable diligence should have become aware)
of such occurrence.
The party shall be entitled to an extension of time for an Unavoidable Delay only for the
number of days of delay due solely to the occurrence of the event or condition causing such
Unavoidable Delay and only to the extent that any such occurrence actually delays that party
from proceeding with its rights, duties and obligations under this Agreement affected by
such occurrence. In the event the party is the Applicant then the Director is authorized to
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grant an extension of time for an Unavoidable Delay for a period of up to six (6) months.
Any further requests for extensions of time from the Applicant under this section must be
agreed to and approved by the Agency's Board of Trustees.
4. Indemnification. The Applicant agrees to assume all inherent risks of this Agreement and
all liability therefore, and shall defend, indemnify, and hold harmless the Agency and the
City of Clearwater, Florida, a Florida municipal corporation ("the City"), and the
Agency's 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 Agency, the
City, or the Agency's 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 Applicant's activities or those of any approved or unapproved invitee, contractor,
subcontractor, or other person approved, authorized, or permitted by the Applicant
whether or not based on negligence. Nothing herein shall be construed as consent by the
Agency or 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.
5. Assignability; Complete Agreement. This Agreement is non -assignable by either party
and constitutes the entire Agreement between the Applicant and the Agency 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.
6. 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 Agency and the Applicant, and the Agreement, including, without
limitation, the exhibits, shall not be deemed to have been prepared by the Agency or the
Applicant, but by all equally.
7. 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.
8. Amendments. This Agreement cannot be changed or revised except by written
amendment signed by the Parties.
9. 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
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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 Applicant 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 Applicant hereby designates the Secretary of State, State of
Florida, its agent for the service of process in any court action between it and the Agency
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 Applicant at the address for notices as provided in Section V, Paragraph
1.
10. Termination. If not earlier terminated as provided in this Agreement, this Agreement shall
expire and shall no longer be of any force and effect one hundred eighty (180) days from
the anniversary of the date of application approval.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the
date and year first above written.
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(CRA SIGNATURE PAGE)
Approved as to form:
Matthew J. Mytych, sq.
CRA Attorney
Date:
9/01d/as
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER, FLORIDA,
a public body corporate and politic of the State of
Florida.
By:
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Jesus Nino
CRA Executive Divector
Date:
Attest:
taL
Rosemarie Call
City Clerk
Date:cl 3 I �US
(APPLICANT SIGNATURE PAGE)
APPLICANT:
By:
Print name: /(4,44,/,-e a• 4(4/7//may
Title: 0.2��
Date: 9 oma
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me by means '-physical presence or ❑ online
notarization, this c) day of CA -4, -v , 2025 by „uho ❑ is/are
personally known to me or ho has/have produced a drive's license as identification.
(NOTARIAL SEAL)
Vickie L. Shire
Comm.: HH 630592
��► = Expires: Jan. 26, 2029
- "4, Notary Public - State of Florida
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Notary Public, State of Florida
Name of Notary: V�
My Commission Expires: I I ,:` t) -261
My Commission No.: t I -f c, 3 �
EXHIBIT "A"
LEGAL DESCRIPTION
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EXHIBIT "B"
RESIDENTIAL EXTERIOR IMPROVEMENT GRANT PROGRAM POLICY
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EXHIBIT "C"
GRANT APPLICATION AND PLAN SPECIFICATIONS
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