HOME INVESTMENT PARTNERSHIP AGREEMENT - CLEARWATER NEIGHBORHOOD HOUSINGHOME INVESTMENT PARTNERSHIPS AGREEMENT BY AND BETWEEN
CITY OF CLEARWATER, FLORIDA, AND
CLEARWATER NEIGHBORHOOD HOUSING SERVICES, INC.
This HOME Investment Partnerships Agreement (this "Agreement") is entered into on this
3rd day of March, 2026, by and between the CITY OF CLEARWATER, FLORIDA, a Florida
municipal corporation (the "City") and CLEARWATER NEIGHBORHOOD HOUSING
SERVICES, INC., a Florida not-for-profit corporation ("Developer).
WHEREAS, the City has applied for and has been awarded funds from the United States
Department of Housing and Urban Development ("HUD") for the HOME Investment Partnerships
Program (the "HOME Program"); and
WHEREAS, Developer has applied for and been approved to construct an affordable
single-family home with two bedrooms and two bathrooms; and
WHEREAS, Developer has evidenced of the capacity to complete the above-described
project funded in part by this Agreement, located at 1001 Engman Street, Clearwater, Florida
337755, Pinellas County; and
WHEREAS, on or about August 7, 2025, the City approved the described use of HOME
Program funds and authorized staff to enter into an Agreement with Developer to provide
$197,373.40 in HOME Program funds for the above -referenced project; and
NOW THEREFORE, the City and Developer hereby execute this Agreement to
undertake the construction/rehabilitation described herein and agree as follows:
I. SCOPE OF SERVICE
A. Developer shall construct an affordable single-family home with two bedrooms
and two bathrooms (the "Development"), located at 1001 Engman Street,
Clearwater, Florida 33755, Pinellas County, more particularly described in
Exhibit "A" (the "Property"), in accordance with the terms and conditions of this
Agreement.
B. Developer shall affirmatively market the Development to low-income homebuyers
whose total household income, adjusted for family size, does not exceed eighty percent
(80%) of the adjusted area median income ("AMI") for the area as determined by HUD.
C. Developer shall complete the construction, marketing, and sale of the Development to
an eligible, low-income homebuyer (the "Homebuyer") within twenty-four (24)
months from the date that the Notice to Proceed has been issued by the City.
D. Developer shall provide the City with a copy of all lien documents and the
Homebuyer's verification of income prior to the sale of the Development.
E. Developer must ensure the Homebuyer receives and completes at least eight (8) hours
of homebuyer counseling from a HUD -approved counseling agency before obtaining a
Clearwater Neighborhood Housing Services Inc
HOME Investment Partnerships Construction Loan Agreement Page 1
mortgage loan.
F. If Developer is unable to enter into a ratified sales contract with an eligible homebuyer
within twelve (12) months of the issuance of a certificate of occupancy for the
Development, the Developer must convert the Development to rental housing. If
converted, the Development must comply with all provisions of 24 CFR § 92.252.
II. PROJECT FUNDING
A. The City hereby approves the award of HOME Program funds in the amount of One
Hundred Ninety -Seven Thousand Three Hundred Seventy -Three Dollars and
40/100 Cents ($197,373.40 (the "Loan") to Developer for the construction of the
Development on the Property. Sources and uses of funds are identified in Exhibit "C"
attached hereto and incorporated herein.
B. Use of HOME Funds. The Loan provided under this Agreement shall be used only for
eligible activities in accordance with Title II of the Cranston -Gonzalez National
Affordable Housing Act and HUD's implementing regulations at 24 CFR Part 92.
HOME funds shall not be used for public housing modernization, project reserve
accounts, tenant -based assistance for special-purpose vouchers already funded by
Section 8, or for activities prohibited under 24 CFR §92.214.
C. Developer shall ensure the Loan will be requested for disbursement only in required
amounts and as needed for payment of eligible costs for activities described and
approved herein. Payments will be approved by the City for eligible expenses actually
incurred by Developer and will not exceed actual cash requirements. The City
reserves the right to liquidate funds available under this Agreement for eligible costs
incurred by the City on behalf of Developer.
D. Developer shall establish a selling price per 24 CFR § 92.254 for the Development
that does not exceed ninety-five percent (95%) of the median purchase price for the
area. Therefore, Developer hereby establishes a sales price for the Development not
to exceed Three Hundred Seventy -One Thousand Dollars and 00/100 Cents
($371,000.00). If the established maximum sales price changes, the price shall not
exceed the new maximum sales price.
E. The Loan shall be provided to Developer for reimbursement of actual Project Delivery
Costs incurred on the project described in Exhibit "B". "Project Delivery Costs", shall
be defined as those expenses incurred by Developer, which can be directly attributed
to a specific HOME -funded project.
F. If for any reason Developer breaches any term of this Agreement, then pursuant to
Section VIII, Remedies on Default, the City may require full repayment of any amounts
of the Loan advanced under this Agreement.
HOME Investment Partnerships Construction Loan Agreement Page 2
G. Repayment Obligation: Developer shall repay the Loan at time of sale of the
Development minus the following fees and costs:
1. Reasonable and customary closing costs such as settlement fees, closing fees, title
search fees, title insurance fees, etc.; and
2. The developer fee (as provided below).
H. Developer Fee: The developer fee shall not exceed twelve percent (12%) of the total
project cost and shall be deducted prior to calculation of the net proceeds.
I. Retention of Excess Proceeds: If the sales price exceeds the total HOME investment
in the Development, the developer may retain the excess, provided that such funds are
used exclusively for housing activities that benefit low-income households.
J. Return of Funds: All HOME loan repayments shall be returned to the City for use in
accordance with HOME programs requirements and to continue funding affordable
housing activities.
K. Prohibited Charges: Developer shall not charge the City for servicing, loan
origination, processing, inspection, or other fees that represent the cost of providing the
HOME assistance under this Agreement.
L. HOME Program funds provided under this Agreement are contingent upon the City's
determination to proceed, modify, or cancel the Development based on the results of a
subsequent environmental review in accordance with HUD CPD Notice 01-11.
M. Separate from the HOME funds awarded under this Agreement, the City may in
accordance with 24 CFR § 92.206(d) use its allocation of HOME funds to pay for
certain reasonable and necessary soft costs incurred not more than twenty-four (24)
months before the Loan was committed to the Development including but not limited
to environmental reviews and property inspections.
III. AFFORDABILITY
A. As provided in 24 CFR §92.254, all housing developed with funding provided under
this Agreement shall be affordable and available to a low-income household for the
requisite affordability period, as required under HOME Program regulations based on
the per-unit HOME subsidy provided under this Agreement. If the housing does not
meet the applicable principal residence or affordability requirements for the full
affordability period as provided for in Section III(B.), payment to the City of the
outstanding or remaining unpaid balance of HOME Program funds invested in the
Development will be required according to the repayment terms set forth in Section
VIII of this Agreement. Developer shall ensure the affordability and principal
residence requirements of the housing for the full Affordability Period through a land
use restriction agreement (the "User LURA") which shall be placed on the Property on
the date that the property is sold to an eligible homebuyer or rented to an eligible tenant.
Affordability requirements shall be enforced by the City via the User LURA.
HOME Investment Partnerships Construction Loan Agreement Page 3
B. The affordability period shall commence upon the date of sale of the Property to an
eligible homebuyer or rental to an eligible tenant, as evidenced by the execution date
of the User LURA, and end fifteen (15) years thereafter (the "Affordability Period").
C. Maximum Rents. Any rents charged to a tenant will not exceed rents that are affordable
to Extremely Low -Income, Very Low -Income, and Low -Income households, as
applicable, (as "Affordable Rent" is defined below). In the case of an Extremely Low -
Income household, the maximum rent will be a rent that does not exceed thirty percent
(30%) of the total household gross income adjusted for household size appropriate to
the unit, as determined by HUD.
1. This affordability requirement will continue in effect for the duration of this
Agreement.
2. Upon request, the City will notify Developer of the maximum rents that may be
charged.
3. In the event that either Developer or the City determine that Developer has charged
a tenant rent in excess of the amount set forth herein, Developer will immediately
reimburse the tenant the amount of overpayment, with interest, from the date of
rental payment, at the highest non -usurious rate of interest permitted by law, within
ten (10) days of such determination. Developer may revise rents not more than once
annually.
FY 2025 HOME Program Rents
1BR
2BR
3BR
4BR
5BR
Low HOME
Rent Limit
$977
$1,173
$1,356
$1,512
$1,669
4. Resale. Developer shall ensure, where no direct subsidy is provided, the
Homeowner understands and agrees to the resale requirements as defined in 24
CFR §92.254(a)(5)(i) and the City's resale requirements as provided below:
"This provision applies when HOME funding is used for acquisition, rehabilitation
or construction of real property (development subsidy) and HOME funds are not
used for direct assistance (Purchase Assistance) to a qualified homeowner(s) who
wish to sell during the affordability period. The City shall permit the homeowner
to sell their property to another income -eligible person or household. The property
may only be sold to a buyer whose annual income does not exceed 80% of the Area
Median Income (AMI) at the time of purchase:
Either voluntarily or involuntarily, during the period of affordability;
Property must be sold to another low-income homebuyer who will use the property
as his or her principal residence;
Property must be sold at a price that is "affordable to a reasonable range of low-
income buyers."
HOME Investment Partnerships Construction Loan Agreement Page 4
5. Recapture. In the event the City provides direct assistance to the homeowner, the
City will use a recapture provision for repayment of the loan should the homeowner
not abide with the affordability period or any other default provision in the
mortgage, note, or covenant. The City's recapture requirements are provided
below:
"This provision applies when direct assistance (Purchase Assistance) is provided to
assist in purchasing a home, and the qualified homeowner(s) wishes to sell the
home during the affordable period. The City shall use a recapture and shared equity
provision substantially similar to the provision below requiring the repayment of
the HOME loan:
Should the homeowner convey their home during the period of affordability, the
City shall initiate the following recapture process:
1. 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.
2. After the City has been repaid the unpaid balance of the HOME funds, the
homeowner 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.
3. Any balance of the net proceeds remaining after repayment of the unpaid
balance of the City's HOME funds and the homeowner's recoupment of their
initial investment shall be divided proportionally between the homeowner 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 homeowner, 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 homeowner 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.
HOME Investment Partnerships Construction Loan Agreement Page 5
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."
IV. PROPERTY STANDARDS
A. State and local codes, ordinances, and zoning requirements: Housing that is newly
constructed with HOME funds must meet all applicable State and local codes,
ordinances, and zoning requirements. Additionally, HOME -assisted new construction
projects must meet State and local residential and building codes, as applicable or, in
the absence of a State or local building code, the International Residential Code or
International Building Code (as applicable to the type of housing) of the International
Code Council. The Development must meet the applicable requirements upon project
completion.
B. HUD requirements. If this Agreement is for new construction, the Development must
also meet the requirements described in this subsection:
1) Accessibility. The Development must meet the accessibility requirements of 24
CFR part 8, which implements Section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794), and Titles II and III of the Americans with Disabilities Act (42 U.S.C.
12131-12189) implemented at 28 CFR parts 35 and 36, as applicable. Covered
multifamily dwellings, as defined at 24 CFR 100.201, must also meet the design
and construction requirements at 24 CFR 100.205, which implements the Fair
Housing Act (42 U.S.C. 3601-3619)2) Disaster mitigation. Where relevant, the
Development must be constructed to mitigate the impact of potential disasters
(e.g., earthquakes, hurricanes, flooding, and wildfires), in accordance with State
and local codes, ordinances, any other State and local requirements, or such other
requirements as HUD may establish.
2) Written cost estimates, construction contracts, and construction documents.
The City must ensure the construction contract(s) and construction documents
describe the work to be undertaken in adequate detail so that inspections can be
conducted. The City must review and approve written cost estimates for
construction and determining that costs are reasonable.
C. Condition of the Property.
1. No person acting on behalf of the City is authorized to make, and by execution of
this Agreement Developer acknowledges that neither the City nor any person acting
on behalf of the City has made, any representation, agreement, statement, warranty,
guarantee or promise regarding the zoning, construction, physical condition or
other status or condition of the Property, except as otherwise expressly provided in
this Agreement.
HOME Investment Partnerships Construction Loan Agreement Page 6
2. Developer acknowledges and agrees that, except where expressly set forth in this
Agreement, the City makes no representations or warranties, express or implied, as
to the Property, the physical condition of the Property, or any condition which may
exist on, in or under the Property. Other than the representations and warranties set
forth in this Agreement, Developer hereby expressly acknowledges and agrees that
it is relying solely upon its inspections, examination, and evaluation of the Property.
3. Developer understands and agrees it will be the sole responsibility of Developer, at
Developer's expense, to investigate and determine all conditions of the Property
and its suitability for the uses to which the Property is to be put in accordance with
this Agreement. If the conditions of the Property are not in all respects entirely
suitable for the use or uses to which the Property will be put, then it is the
responsibility and obligation of Developer, without cost to the City, to take such
action or cause such action to be taken, as may be necessary to place the Property
in all respects in a condition entirely suitable for its development and use in
accordance with this Agreement.
4. Construction progress inspections. The City must conduct progress and final
inspections of construction to ensure that work is done in accordance with the
applicable codes, the construction contract, and construction documents.
5. Broadband infrastructure. For new construction housing projects with more than
four (4) rental units, the construction must include installation of broadband
infrastructure, as defined in 24 CFR § 5.100, except when the City in accordance
with 24 CFR § 92.508(a)(3)(iv), documents the determination that:
a. The location of the new construction makes installation of
broadband infrastructure infeasible; or
b. The cost of installing the infrastructure would result in a
fundamental alteration in the nature of its program or activity or in
an undue financial burden.
6. Carbon Monoxide and Smoke Detection
a. Carbon Monoxide Detection. A carbon monoxide alarm must be installed in the
housing unit in a manner that meets or exceeds the carbon monoxide detection
standards set by HUD through Federal Register publication.
b. Smoke Detection.
i. A hardwired smoke alarm must be installed:
• On each level of each housing unit;
• In or near each sleeping area in each housing unit;
• In the basement of each housing unit and in each common area
of a project. A hardwired smoke alarm is not required in crawl
spaces or unfinished attics of housing units;
• Within 21 feet of any door to a sleeping area measured along a
path of travel; and
HOME Investment Partnerships Construction Loan Agreement Page 7
• Where a smoke alarm installed outside a sleeping area is
separated from an adjacent living area by a door, a smoke alarm
must also be installed on the living area side of the door.
ii. Each hardwired smoke alarm must have an alarm system designed for
hearing-impaired persons.
iii. The Secretary may establish additional standards through Federal Register
publication.
iv. Following the relevant specifications of the International Code Council
(ICC) or the National Fire Protection Association Standard (NFPA) 72
satisfies the requirements of this paragraph (a)(3)(vi)(B).
V. NOTICES
A. Notice. All notices provided for herein shall be sent by certified or registered return
receipt requested mail, or by a nationally recognized overnight courier, addressed to
the appropriate party at the address designated for such party specified below, or such
other address as the party who is to receive such notice may designate in writing.
Notice by mail shall be completed by depositing the same in a letterbox or other means
provided for the posting of mail addressed to the party with the proper amount of
postage affixed thereto. Notices sent by nationally recognized overnight courier
service shall be deemed delivered the next business day after deposit with such courier
unless the records of such courier indicate a later delivery in which case the notice shall
be deemed received on the date of delivery. Actual receipt of notice shall not be
required to effect notice hereunder.
If to the City: If to the Developer:
The City of Clearwater
Attn: ED&H Director
P.O. Box 4748
Clearwater, FL 33758
(727) 444-7168
VI. ADMINISTRATIVE REQUIREMENTS
Clearwater Neighborhood Housing Services,
Inc.
Attn: Efrain Cornier, Jr.
608 N. Garden Ave.
Clearwater, Florida 33755
A. Developer shall abide by all applicable federal, state, and local laws, regulations, codes,
and ordinances in the performance of all activities required by this Agreement, and
specifically agrees to adhere to applicable requirements of 24 CFR Part 92.
B. Developer shall adhere to the requirements of 2 CFR Part 200 and applicable
requirements of 24 CFR §92.505.
C. Developer shall make available to the City, at any time during normal business hours,
all financial, compliance, and construction records of activities pertaining to funding
and the Development covered by this Agreement to allow the City to conduct
monitoring, performance, and compliance reviews and evaluations. Notwithstanding
HOME Investment Partnerships Construction Loan Agreement Page 8
any other provision in this Agreement, the City will monitor the performance of
Developer against goals and performance standards required herein. Substandard
performance, as determined by the City, shall constitute non-compliance with this
Agreement. If action to correct such substandard performance is not taken by
Developer within thirty (30) calendar days after being notified by the City, suspension
or termination procedures may be initiated as specified in Section VIII or Section IX.
D. In accordance with 24 CFR §92.353, Developer shall ensure that no person will be
displaced from his or her dwelling as a direct result of activities assisted with HOME
Program funds provided under this Agreement.
E. Developer shall affirmatively market the housing unit developed under this Agreement
to low-income persons in compliance with 24 CFR § 92.351 and Public Law 88-352
and 90284 and ensure maintenance of documentation of affirmative marketing efforts
to such persons. Prior to any funds being disbursed under this Agreement, Developer
shall provide an Affirmative Marketing Plan to the City documenting the planned
affirmative marketing efforts to be undertaken by Developer regarding the
Development.
F. Developer shall not pay any part of funds received under this Agreement for lobbying
the Executive or Legislative Branches of the Federal, State, or local government.
G. Developer shall adhere to the conflict of interest provisions at 24 CFR § 92.356(0.
H. Developer shall comply with the provisions of the National Environmental Policy Act
of 1969, as applicable to the Development, the Flood Disaster Protection Act of 1973,
the Lead -Based Paint Poisoning Prevention Act, and the regulations promulgated
thereunder these acts, all as amended. Developer agrees to comply with the following
regulations insofar as they apply to the performance of this Agreement: the Clean Air
Act, Federal Water Pollution Control Act, Environmental Protection Agency
regulations pursuant to 40 CFR Part 50, all as amended, as well as all other applicable
environmental laws and regulations. Developer shall ensure maintenance of the
documentation to evidence compliance with environmental statutes and regulations.
I. Developer shall establish and ensure the eligibility of the homebuyer purchasing
housing developed under this Agreement with regard to low-income requirements
specified by HUD. In addition, Developer shall ensure maintenance of beneficiary
information regarding persons assisted under this Agreement, including names,
addresses, family size, social security numbers, race, sex, income, marital status, and
whether the assisted person(s) are elderly, female head -of -household, or handicapped.
Developer shall also maintain beneficiary information concerning race and ethnicity to
include whether persons assisted under this Agreement are White, Black/African
American, Asian, American Indian/Alaskan Native, and White, Black/African
American and White, American Indian/Alaskan Native and Black/African American
or Other Multi -Racial and a separate count for beneficiaries that also identify as
Hispanic/Latino. The information shall be maintained for each HOME -assisted unit
and person(s) or family assisted under this Agreement. Developer shall submit the
beneficiary information to the City upon request.
HOME Investment Partnerships Construction Loan Agreement Page 9
J. Developer shall provide drug-free workplaces in accordance with the Drug -Free
Workplace Act of 1988.
K. Developer shall ensure per 24 CFR § 92.354 that all contracts for the construction of
housing that includes twelve (12) or more units assisted with HOME funds contain a
provision requiring the payment of not less than the wages prevailing in the locality, as
predetermined by the Secretary of Labor pursuant to the Davis -Bacon Act (40 U.S.C.
3141), to all laborers and mechanics employed in the development of any part of the
housing. Such contracts must also be subject to the overtime provisions, as applicable,
of the Contract Work Hours and Safety.
L. Developer shall ensure compliance with the requirements of the Fair Housing Act,
Executive Order 11246 (Equal Employment Opportunity), as amended by Executive
Order 12086, and the regulations issued pursuant thereto, Executive Orders I 1625,
12432, and 12138, Developer shall ensure that the provisions of this paragraph are
included in every subcontract entered into by Developer associated with this
Agreement and Development. Developer shall ensure maintenance of records and
reports to document compliance with fair housing and equal opportunity requirements.
M. Developer shall comply with applicable federal procurement standards, including 2
CFR §200.321, which require consideration of small businesses, veteran -owned
businesses, and other disadvantaged business enterprises in the procurement of goods
and services. Solicitations shall be structured, where feasible, to provide opportunities
for such entities to compete. Developer shall maintain procurement records that
demonstrate compliance with applicable outreach and inclusion efforts, and shall
incorporate these requirements into all subcontracts, as appropriate.
N. Developer will ensure that all records required under this Agreement are retained for a
period of five (5) years after the applicable required Affordability Period has expired.
When requested, Developer shall furnish, and cause all its subcontractors to furnish, all
reports and information required hereunder, and will permit access to its books, records,
and accounts, by the City, HUD or its agent, or other authorized federal officials for
purposes of investigation to ascertain compliance with the statutes, rules, regulations,
and provisions of this Agreement.
O. Developer shall ensure that where employees are engaged in activities not covered
under the Occupational Safety and Health Act of 1970, said employees shall not be
required or permitted to work, be trained in, or receive services in buildings or
surroundings, or under working conditions, which are unsanitary, hazardous, or
dangerous to the participants' health of safety.
P. Developer shall comply with Executive Order 11063, as amended by Executive Order
12259, and shall not discriminate. Developer shall maintain records and documentation
to evidence compliance with this requirement. Developer shall ensure that all
employment practices are free from such discrimination. Such employment practices
include, but are not limited to, the following: employment; upgrading; demotion;
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection and training including apprenticeship.
HOME Investment Partnerships Construction Loan Agreement Page 10
Q.
Developer shall comply with the requirements of 24 CFR §92.350 which references
nondiscrimination and equal opportunity; disclosure requirements; debarred,
suspended or ineligible contractors; drug-free work; and housing counseling
requirements found under 24 CFR Part 5, Subpart A as well as nondiscrimination
requirements found under Section 282 of the National Affordable Housing Act.
R. The Developer must comply with the requirements of the Build America, Buy America
("BABA") Act, 41 U.S.C. § 8301, and all applicable rules and notices, as may be
amended, if applicable to the Developer's project. Pursuant to HUD's Notice, "Public
Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy
America Provisions as Applied to Recipients of HUD Federal Financial Assistance"
(88 FR 17001), any funds obligated by HUD on or after the applicable listed effective
dates, are subject to BABA requirements, unless excepted by a waiver.
S. Section 3 of the Housing and Urban Development Act of 1968/Equal Opportunity.
Developer shall comply with the provisions of Section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. §1701u) and its implementing regulations
contained in 24 CRF Part 75 regarding economic opportunities for low-income persons
and the use of local businesses, if applicable.
T. Developer shall comply with Title VIII of the Civil Rights Act of 1968, as amended,
Section 109 of Title I of the Housing and Community Development Act of 1974,
Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of
1990, and the Age Discrimination Act of 1975, along with all applicable regulations
associated therewith, all as amended. Developer shall include the provisions of this
paragraph in every subcontract entered into by Developer associated with this
Agreement or this Development. Developer shall ensure maintenance of records and
reports to document compliance.
U. Developer agrees that funds received under this Agreement will not be utilized for
religious activities; however, HOME funds may be used for rehabilitation or
construction of housing that is owned by primarily religious organizations and to assist
primarily religious organizations in acquiring housing provided the agreement includes
the conditions prescribed in 24 CFR §5.109 for the use of HOME funds by religious
organizations.
V. Developer shall not further encumber the Development pursuant to this Agreement
without the prior written approval of the City.
W. Developer shall monitor all subcontracted services on a regular basis to ensure contract
compliance. Results of monitoring efforts shall be summarized in written reports and
supported with documented evidence of follow-up actions taken to correct areas of
noncompliance. Developer shall cause the applicable provisions of this Agreement to
be included in, and made a part of, any subcontract executed in the performance of this
Agreement. Executed copies of all subcontracts entered into by Developer shall be
forwarded to the City, along with documentation concerning the selection process.
HOME Investment Partnerships Construction Loan Agreement Page 11
X. Pursuant to 8 U.S.C. § 1611, Developer shall ensure that any non -U.S. citizen that
receives a Federal public benefit under this Agreement is a qualified alien as defined
under 8 U.S.C. § 1641(b) unless an exemption applies.
VII. DEBARMENT AND SUSPENSION
Developer certifies that Developer and its principals:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation from covered transactions by any federal, state,
or local department or agency;
B. Have not, within a three (3) -year period preceding this Agreement, been convicted of
or had a civil judgment rendered against them for commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statement(s) or
receiving stolen property;
C. Are not presently indicted for or otherwise criminally charged by a governmental entity
(Federal, State, or local) with the commission of any of the offenses enumerated in
subsection b. above; and
D. Have not, within a three (3) -year period preceding this Agreement, had one (1) or more
public transactions (Federal, State, or local) terminated for cause or default.
VIII. REMEDIES ON DEFAULT
In accordance with 2 CFR Part 200, Developer agrees that in the event the City determines
that a breach of this Agreement has occurred, the City may exercise any and all of its rights
and remedies under applicable regulations, including the right to terminate this Agreement
and recapture or terminate any and all HOME Program funds allocated under this
Agreement. More specifically:
A. If the City determines that Developer has materially failed to comply with any
provision of this Agreement, or with any rules, statutes, regulations, or ordinances
referred to herein, the City will notify Developer via a written notice of default in
accordance with the requirements of Section V. For purposes of this section, the term
"materially" means "an important or essential term of this Agreement.
B. The City will allow Developer the opportunity to demonstrate compliance with the
Agreement requirements in question. Developer shall offer evidence of such
compliance within thirty (30) days from receipt of the written notice of default.
Substantial compliance shall not constitute compliance with the terms and conditions
of this Agreement unless the City expressly agrees to the substantial compliance in
writing.
C. If Developer fails to demonstrate to the City that it has fulfilled the requirement(s), the
City may, in addition to imposing any of the special conditions specified in 2 CFR Part
200, take corrective or remedial action(s) as follows:
HOME Investment Partnerships Construction Loan Agreement Page 12
1) Corrective or remedial action will be designed to prevent a continuation of the
deficiency, mitigate any adverse effects, and prevent recurrence of the deficiency.
2) Corrective or remedial action may include:
a. Temporarily withholding cash payments pending correction of the deficiency
by Developer.
b. Specific activities required by the City to correct the deficiency and to be
accomplished by Developer in a specified timeframe.
c. Reprogramming any balance of HOME Program funds made available under
this Agreement from deficient activities, or any activity funded under this
Agreement, to other eligible activities.
d. Suspension of HOME Program fund disbursements for deficient activities, or
any activities funded under this Agreement and subsequent termination of this
Agreement in its entirety.
e. Termination of this Agreement in its entirety and requiring that Developer repay
to the City any and all HOME Program funds advanced under this Agreement.
f. Removing Developer from participation in any future allocations of HOME
Program funds from the City.
g.
Taking other remedial actions that may be legally available to the City.
D. In the event Developer dissolves the organization, ceases to exist, or becomes unable
for any reason to fulfill its obligations under this Agreement, the City will require
Developer to fully repay to the City any and all amounts advanced under this
Agreement.
E. Notwithstanding any other provision of this Agreement, should there be any fraud,
misrepresentation, embezzlement, or any other criminal activity associated with this
Development, the City may pursue all legal and equitable remedies available to it
against Developer.
F. Any decision regarding corrective, remedial, legal, or equitable remedies or actions to
be taken regarding this Agreement or Development shall be at the sole option and
absolute discretion of the City. A decision by the City to pursue one course of action
shall not constitute a waiver of any other course of action the City may pursue under
this section.
G. Pursuant to 24 CFR §92.205(e), should this Agreement be terminated before
completion of the Development, either voluntarily or otherwise, any HOME Program
funds invested in the Development that is the subject of this Agreement shall be repaid
to the City's HOME Investment Partnerships Program Fund in accordance with 24 CFR
§92.503(b).
HOME Investment Partnerships Construction Loan Agreement Page 13
IX. TERMINATION
Pursuant to 2 CFR Part 200, the City may terminate this Agreement upon thirty (30) days
written notice to Developer's contact person indicated in Section V of this Agreement. The
notice of termination shall set forth the reasons for such termination, the effective date of
termination, and in the case of partial termination the portion of the award to be terminated.
However, in the case of partial termination, if the City, in its sole discretion, determines
that the remaining portion of the funding provided under this Agreement will not
accomplish the purposes for which the award was made, the City may terminate the award
in its entirety under this section, Section VIII, or 2 CFR Part 200.
X. MISCELLANEOUS PROVISIONS
A. The officials who executed this Agreement hereby represent and warrant that they have
full and complete authority to act on behalf of the City and Developer, respectively,
and that their signatures below, the terms and provisions hereof, constitute valid and
enforceable obligations of each.
B. This Agreement shall be executed in the original, and any number of executed copies.
Any copy of this Agreement so executed shall be deemed an original and shall be
deemed authentic for any other use.
C. The parties may amend or modify this Agreement at any time, provided that such
amendment(s) or modification(s) make specific reference to this Agreement and are
executed in writing by a duly authorized representative of both parties. Such
amendment(s) or modification(s) shall not invalidate this Agreement, nor relieve or
release the parties from their obligations under this Agreement.
D. The terms and conditions of this Agreement shall be binding upon the parties hereto
and their respective successors and assignees.
E. Nothing contained in this Agreement is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer and employee between
the parties. Developer shall at all times remain an independent contractor with respect
to the services to be performed under this Agreement.
F. Developer shall not assign or transfer any interest in this Agreement without the prior
written approval of the City.
G. This Agreement shall be construed according to the laws of the State of Florida.
H. Should any part, term, or provision of this Agreement, or portions thereof, be
determined by a court of competent jurisdiction to be illegal, void, or unenforceable,
the validity of the remaining portions or provisions shall not be affected thereby.
XI. INDEMNITY
Developer agrees that it shall indemnify, defend, and save harmless the City, its officers,
agents, directors, and employees from:
HOME Investment Partnerships Construction Loan Agreement Page 14
A. Any claims or losses for services rendered by any subcontractor, person, or firm
performing or supplying services, materials, or supplies in connection with the
performance of this Agreement.
B. Any claims or losses resulting to any person or firm injured or damaged by the
erroneous, willful, or negligent acts or omissions, including disregard of Federal, State,
and local statutes or regulations, by Developer, its officers, employees, or
subcontractors in the performance of this Agreement.
XII. TIME OF PERFORMANCE
Developer shall commence development activities included in Section I, Scope of Services,
only after receipt of the City Notice to Proceed. Developer shall complete all activities
included in Section I., Scope of Services, within twenty-four (24) months from the date of
the Notice to Proceed.
XIII. TERM OF AGREEMENT
This Agreement shall be in full force and effect from the date first written above and shall
remain in force until the end of the Affordability Period.
IN WITNESSES WHEREOF, this Agreement has been duly signed and sealed by the
parties hereto on or as of the day and year first above written.
(DEVELOPER SIGNATURE PAGE)
Clearwater Neighborhood Housing Services, Inc.,
a Florida not-for-profit corporation.
Print name: Efrain Cornier, Jr.
Title: CEO/President
Date:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online
notarization, this day of , 2026, by Efrain Cornier, Jr. as President and
CEO of Clearwater Neighborhood Housing Services, Inc, who ❑ is/are personally known to me or ❑ who
has/have produced a driver's license as identification.
Notary Public, State of Florida
(NOTARIAL SEAL) Name of Notary:
My Commission Expires:
My Commission No.
HOME Investment Partnerships Construction Loan Agreement Page 15
(CITY SIGNATURE PAGE)
Approved as to Form:
Matthew J. Mytych, E`s
Assistant City Attorney
Date:
3/a / 2C
City of Clearwater, Florida,
a Florida municipal corporation.
nifer 7• irrier
City Manager
Date:
Attest:
-3/3/-?-v
Rosemarie Call
City Clerk
Date:
Clearwater Neighborhood Housing Services Inc
HOME Investment Partnerships Construction Loan Agreement Page 16
EXHIBIT "A"
LEGAL DESCRIPTION
The North 1/2 of Lot 1, Block D, Palm Park (Addition to Clearwater), according to the map or plat thereof,
as recorded in Plat Book 4, Page(s) 86, of the Public Records of Hillsborough County, Florida, of which
Pinellas County was formerly a part.
HOME Investment Partnerships Construction Loan Agreement Page 17
EXHIBIT "B"
PROJECT SCHEDULE
Activity Completion Date
Plans and Specs
Site Acquisition 10/4/2024
Preconstruction Conference 4/1/2026
Construction Begins 4/23/2026
Construction Complete 7/23/2028
Expenditure of Funds Completion Date
20% $39,030.00
20% $39,030.00
20% $39,030.00
20% $39,030.00
100% $39,030.00
HOME Investment Partnerships Construction Loan Agreement Page 18
EXHIBIT "C"
SOURCES AND USES
Source of Funds Amount of Funds
HOME
Total Sources:
Uses
$ 197,373.40
$ 197,373.40
Hard Costs: $ 195,150.00
Soft Costs: $ 2,223.40
Project Delivery: $ 2,000.00
Total Development Cost: $ 199,343.40
HOME Investment Partnerships Construction Loan Agreement Page 19
EXHIBIT " D "
NO COERCION FOR LABOR OR SERVICES ATTESTATION
Pursuant to Section 787.06(13), F.S., this form must be completed by an officer or
representative of a non-governmental entity when a contract is executed, renewed, or extended
between the non-governmental entity and a governmental entity.
does not use coercion for labor or services as defined in this Section
787.06, F.S.
Under penalty of perjury, I declare that I have read the foregoing statement and that the facts
stated in it are true and correct.
Printed Name:
Title:
Signature:
Date:
HOME Investment Partnerships Construction Loan Agreement Page 20