SHIP ADA BARRIERS AND ACCESSIBILITY GRANT AGREEMENTCITY OF CLEARWATER
SHIP ADA BARRIERS AND ACCESSIBILITY GRANT AGREEMENT
This SHIP ADA Barriers and Accessibility Grant Agreement (this "Agreement") is made
as of this +- ' day otbaehelb-ey, 2025 by and between the City of Clearwater, a Florida
municipal corporation (the "City") and Bianca E. Thompson, a single person (the "Recipient"
and collectively with the City the "Parties").
WITNES SETH:
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 2071 Madrid
Court, Clearwater, FL 33763 (the "Property"); and
WHEREAS, the City has approved a 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 provide ADA modifications to include
an entrance ramp, bathroom modifications and grab bar installations contracted through ResiPro,
LLC; 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 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 pay for the Project's eligible costs up to a total grant amount
of Twenty Thousand Dollars & 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 draw 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 pay for 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 planning and development 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
contractual relationship between the City and any contractor or third party and the City
2
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 draw 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 payment, 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:
Bianca E. Thompson
2071 Madrid Ct N
Clearwater, FL 33763
3
To the City:
City of Clearwater
P.O. Box 4748
Clearwater, Florida 33758
Attention: ED&H 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)
THE CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation.
By:
Approved as to form:
Jesus Nino
City of Clearwater Interim Economic
Development and Housing Director
Date: ! Z ( 3/ vs—
Attest:
Matthew J. Mytych, Esq. Rosemarie Call
Assistant City Attorney City Clerk
Date: (VS Date: A9,e W'vibe4 )1`
5
(RECIPIENT SIGNATURE PAGE)
ENT: ianca E Thompson
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument wasa kW-1nowled ed before me by meansical presence or ❑ online
notarization, this2 day of �(OV Q,YYt CA1 ,-20 5 by Bia
personally known to me or who has/have produ ed a s ' er's lice
(NOTARIAL SEAL)
•
STEPHANIE SCALOS
Notary Public • State of Florida
Commission # HH 492830
.. r . My Comm. Expires Fec 14. 2028 P
''.ionded through National Notary Assn,
6
a E. Thom s son, who ❑ is/are
Notary Public, S
Name of Notary:
i entification.
f Florida
My Commission Expires: FOO. ,
My Commission No.: X44122)
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 22, Valencia Park Unit No. 1, according to the map of plat thereof as recorded in Plat Book
69, Page 4, of the Public Records of Pinellas County, Florida.
7