HOME-AMERICAN RESCUE PLAN PROGRAMAGREEMENT BY AND BETWEEN
CITY OF CLEARWATER, FLORIDA, AND
HOMELESS EMERGENCY PROJECT, INC.
HOME -AMERICAN RESCUE PLAN PROGRAM
This HOME -American Rescue Plan Program Agreement (this "Agreement") is entered into on July
29, 2026, by and between THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation
(the "City"), and HOMELESS EMERGENCY PROJECT, INC. a Florida not-for-profit corporation,
d/b/a Homeless Empowerment Program ("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 -American Rescue Plan Program
(the "HOME -ARP Program"); and
WHEREAS, the HOME -ARP Program allows program funds to be used for 1.) development and
support of affordable housing, 2.) tenant -based rental assistance, 3.) provision of supportive services, and
4.) acquisition and development of non -congregate shelter units; and
WHEREAS, Developer has applied for and been approved for HOME -ARP Program funding in
the amount of $1,391,938.00 to construct an affordable rental housing project as further described herein;
and
WHEREAS, Developer has evidenced the capacity to develop this affordable rental housing
project at 1718 N. Betty Lane, Clearwater, FL 33755; and
WHEREAS, on or about March 5, 2026, the City approved the described use of HOME -ARP
Program funds and authorized staff to enter into an Agreement with Developer to provide $1,391,938.00 in
HOME -ARP Program funds for the construction of five (5) affordable rental housing units within the
aforementioned project.
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein,
the Parties hereby agree as follows:
I. RECITALS. The recitals set forth above are true and correct and incorporated herein by reference.
II. SCOPE OF SERVICE.
1. The City and Developer are entering into this Agreement to implement the activity of
developing and supporting affordable housing as permitted under HUD Notice CPD -21-10.
Developer shall complete the construction of five (5) affordable rental housing units (the
"Project") within Developer's new affordable rental housing project located at 1718 N. Betty
Lane, Clearwater, Florida 33755, Pinellas County (the "Property"), for occupancy by
HOME—ARP qualifying populations as defined in Section C. below and low-income
households, as defined in Section D. below. The Property is more particularly described in
Exhibit "A" attached hereto.
2. Developer shall construct the Project in accordance with the terms and conditions of this
Agreement.
3. Qualifying Units. Four (4) of the units within the Project constructed with the funds provided
under this Agreement (the "Qualifying Units") shall exclusively serve the following qualifying
Homeless Emergency Program Inc
HOME Investment Partnerships — ARP Construction Loan Agreement Page +1
individuals or families, as required under HUD Notice CPD -21-10 (the "Qualifying
Populations"):
I. Homeless, as defined in section 103(a) of the McKinney-Vento Homeless
Assistance Act, as amended (42 U.S.C. § 11302(a)) ("McKinney-Vento");
2. At risk of homelessness, as defined in section 401 of McKinney-Vento;
3. Fleeing, or attempting to flee domestic violence, dating violence, sexual assault,
stalking, or human trafficking;
4. Part of other populations where providing supportive services or assistance
would prevent a family's homelessness or would serve those with the greatest
risk of housing instability; or
5. Veterans and families that include a veteran family member that meet the criteria
in one of 1.-4. above.
4. Affordable Unit. Separate from the Qualifying Units, the remaining one (1) unit within the Project
being funded under this Agreement (the "Affordable Unit") shall exclusively serve persons with
annual income less than or equal to eighty percent (80%) of the area median income ("AMI") as
determined by HUD, with adjustments for smaller and larger families.
DI. PROJECT FUNDING.
A. The City hereby approves the award of HOME -ARP Program funds in the amount of
One Million Three Hundred Ninety -One Thousand Nine Hundred Thirty -Eight Dollars
and 00/100 Cents ($1,391,938.00) (the "HOME -ARP Funds") to Developer for construction
of the Project. Sources and uses of funds are identified in Exhibit "C".
B. Use of HOME -ARP Funds
The HOME -ARP Funds shall be used only for eligible activities in accordance with the
American Rescue Plan Act of 2021, HUD's implementing regulations 24 CFR Part 92, and
HUD Notice CPD -21-10.
Pursuant to HUD Notice CPD -21-10, eligible costs of HOME -ARP funds include:
1. Development hard costs — defined in 24 CFR 92.206(a).
2. Refinancing — the cost to refinance existing debt secured by a rental project that
is being rehabilitated with HOME -ARP funds in accordance with 24 CFR
92.206(b)(2) and the PJ's HOME -ARP refinancing guidelines, as stated in their
HOME -ARP Allocation Plan.
3. Acquisition — the costs of acquiring improved or unimproved real property.
4. Related soft costs — defined in 24 CFR 92.206(d).
5. Relocation costs — as defined in 24 CFR 92.206(f), 24 CFR 92.353, and
described in this Notice.
6. Costs relating to payment of loans — If the HOME -ARP funds are not used to
directly pay a cost specified in this HOME -ARP rental housing section, but are
used to pay off a construction loan, bridge financing loan, or guaranteed loan,
the payment of principal and interest for such loan is an eligible cost only if: (1)
the loan was used for eligible costs specified in this HOME -ARP rental housing
section, and (2) the HOME -ARP funds are part of the original financing for the
Project and the Project meets the requirements of this Notice.
HOME -ARP Program Agreement Page 2
7. Operating Cost Assistance — as detailed in HUD Notice CPD -21-10.
C. Production or Preservation of Affordable Housing.
The Qualifying Units and the Affordable Unit shall be "floating units" with such term having
its common meaning in the context of the HOME Investment Partnerships Program. Units that
are not restricted to occupancy by the Qualifying Populations are subject to income targeting
and rent requirements established under the HOME -ARP Rental Program rules and are only
permitted in projects with rental units restricted for occupancy by qualifying populations.
D. Restrictions. HOME -ARP funds shall not be used for public housing modernization, for
Section 8 assistance, or for any activities prohibited under 24 CFR § 92.214.
E. Developer shall ensure the HOME -ARP Funds 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.
F. The HOME -ARP Funds may be used to reimburse Developer for eligible Project Delivery
Costs directly attributable to the HOME-ARP—assisted activity, including rental housing
development, as provided in Exhibit "B." Project Delivery Costs shall be limited to those
expenses actually incurred by Developer that are integral for developing the Project and shall
comply with all applicable requirements of 24 CFR Part 92 and HUD Notice CPD -21-10.
G. Project Completion and Occupancy. When the Project is constructed, it must meet the
definition of project completion at 24 CFR § 92.2. If the Project is not completed within four
(4) years of project commitment, the terminated project requirements at 24 CFR § 92.205(e)(2)
shall apply. The units shall be occupied by eligible qualifying households or low-income
households, as applicable, within six (6) months following project completion. If this does not
occur, Developer must submit to the City for submission to HUD information on its efforts to
coordinate with a Continuums of Care, homeless service providers, social service, and other
public agencies to fill the Qualifying Units or must submit marketing information and, if
appropriate, a marketing plan for the Affordable Unit. 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 advanced under this Agreement.
H. Prohibited Occupancy Fees. The City shall not allow Developer to charge the Qualifying
Populations occupancy fees or other charges to occupy a Qualifying Unit or an Affordable Unit
unless the City determines such fees and charges to be customary and reasonable and the
charges comply with 24 CFR § 578.77(6).
I. Prohibited Activities and Fees. The HOME -ARP Funds may not be used for any of the
prohibited activities, costs or fees in 24 CFR § 92.214, as revised by the Appendix to HUD
Notice CPD -21-10.
HOME -ARP Program Agreement Pagel,
J. HOME -ARP Funds and Public Housing. The HOME -ARP Funds must be used in
accordance with the requirements in 24 CFR § 92.213(a) -(c).
F. The HOME -ARP Funds are contingent upon the City's determination to proceed, modify, or
cancel the Project based on the results of a subsequent environmental review in accordance
with 24 CFR Part 92 and HUD Notice CPD -21-10.
IV. AFFORDABILITY.
A. For the duration of the affordability period as defined in Section B. below, the Qualifying Units
shall be restricted to occupancy only by persons encompassing the Qualifying Populations and
the Affordable Unit shall be restricted to occupancy only by persons with annual incomes Tess
than or equal to eighty percent (80%) AMI. The City and Developer shall ensure compliance
with these requirements through execution of' a land use restriction agreement (the "LURA")
or equivalent covenant, which shall be recorded against the Property upon execution of this
Agreement. Affordability requirements shall be enforced by the City through the LURA,
including rent restrictions, tenant income eligibility, lease provisions, and ongoing compliance
reporting, as applicable.
B. Period of Affordability. The period of affordability shall commence when the Project is
completed as evidenced by a certificate of occupancy and end fifteen (15) years thereafter (the
"Period of Affordability").
C. Maximum Rents for Qualifying Units. Rents charged to tenants in Qualifying Units shall
not exceed rent limits established HUD Notice CPD -21-10. Rents must be affordable to the
Qualifying Populations and shall be set at a level not greater than thirty percent (30%) of the
adjusted income of a household whose annual income is equal to or less than fifty percent
(50%) of the AMI, as determined by HUD, with adjustments for number of bedrooms in the
unit. HUD publishes the HOME -ARP rent limits on an annual basis.
Notwithstanding the foregoing, a Qualifying Unit that receives a Federal or state project -based
rental subsidy and is occupied by a qualifying household that pays as a contribution to rent no
more than thirty percent (30%) of the household's adjusted income, may charge the rent
allowable under the Federal or state project -based rental subsidy program (i.e., the tenant rental
contribution plus the rental subsidy allowable under that program). If a household receives
tenant -based rental assistance, the rent is the rent permissible under the applicable rental
assistance program.
D. Maximum Rents for Affordable Unit. Pursuant to 24 CFR § 92.252(a), rents charged to a
tenant in the Affordable Unit rent shall not exceed the lesser of: (i) The fair market rent for
existing housing for comparable units in the area as established by HUD under 24 CFR §
888.111; or (ii) 30 percent (30%) of the adjusted income of a family whose annual income
equals 65 percent (65%) of the AMI, as determined by HUD. Notwithstanding the foregoing,
when a household receives a form of Federal tenant -based rental assistance, the rent is the rent
permissible under the applicable rental assistance program.
E. The City shall annually notify Developer of the maximum allowable rents. In the event that
Developer charges rent in excess of the maximum allowable amount, Developer shall
immediately reimburse the affected tenant(s) for any overpayment, with interest, from the date
HOME -ARP Program Agreement Page 4
of the overpayment. Rent adjustments may occur no more than once annually and must be
consistent with HUD requirements.
F. Utilities and Services. The City shall provide the Clearwater Housing Authority's approved
allowances for utilities and services and update the allowances annually. The City shall review
and approve the rents proposed by Developer, subject to the HOME -ARP rent limitations. For
units where the tenant is paying utilities and services, the City must determine that the rent for
the unit does not exceed the maximum rent minus the monthly allowance for utilities and
services.
G. Qualifying Units must be occupied by households that meet the definition of a Qualifying
Population at the time of initial occupancy. The household's contribution toward rent during
this period must be affordable in accordance with Section VI.B.14 of HUD Notice CPD -21-10.
The rents for these units must comply with the rent limitations established in HUD Notice
CPD -21-10, including the rent provisions specified in 24 CFR § 92.252(h)(2) for households
whose income increases above eighty percent (80%) of AMI and whose contribution to rent
complies with the requirements in Section VI.B.15 of HUD Notice CPD -21-10.
H. The Affordable Unit must be continuously occupied by a household who is income -eligible.
The rents for this unit must comply with the rent (imitations established in HUD Notice CPD -
21 -10, including the rent provisions specified in 24 CFR § 92.252(h)(2) for households whose
income increases above eighty percent (80%) of AMI.
I. Developer shall comply with the affordability and use restrictions required under 24 CFR
§92.252 for the Affordable Unit and HUD Notice CPD -21-10 for the Qualifying Units. These
restrictions shall be enforced through the LURA or other legally binding covenant approved by
the City and HUD.
J. Qualifying Unit Compliance. A Qualifying Unit serving a qualifying household remains in
compliance with the HOME -ARP unit restriction as long as the Qualifying Unit is occupied by
a qualifying household that met the definition of a Qualifying Population at the time of
admission.
K. Affordable Unit Compliance. At initial occupancy, the Affordable Unit must be occupied by
households that meet the definition of low-income in 24 CFR § 92.2. If a tenant's income
increases above the applicable low-income limit during the compliance period, the Affordable
Unit will be considered temporarily out of compliance. Noncompliance requires the City to
take action in accordance with the rent and unit mix requirements in Sections VI.B.15 and
VI.B.17 of HUD Notice CPD -21-10.
L. Project -Specific Waitlist. In selecting tenants for the Qualifying Units and the Affordable
Unit, Developer shall use a project -specific waitlist in accordance with the Project Waitlist Plan
attached hereto as Exhibit "D".
HOME -ARP Program Agreement Page 5
M. In the event of noncompliance, ineligible use of funds, or failure to maintain affordability for
the Qualifying Populations, Developer shall be required to repay the HOME -ARP Funds to the
City in accordance with 24 CFR Part 92 and HUD guidance.
V. PROPERTY STANDARDS.
1. State and Local Codes, Ordinances, and Zoning Requirements: Pursuant to 24 CFR §
92.251, all housing that is newly constructed with HOME -ARP funds must meet all applicable
State and local codes, ordinances, and zoning requirements. Additionally, HOME -ARP
assisted new construction projects must meet State or 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 Project must meet these requirements upon project completion.
2. HUD Requirements. All HOME -ARP assisted projects must also meet the requirements
described below:
1. Accessibility. The Project 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 Project 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, or other State and local requirements, or such other
requirements as HUD may establish.
3. 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. All HOME -ARP assisted housing and facilities shall be subject to inspection to
ensure compliance with 24 CFR § 92,251 and HUD Notice CPD -21-10.
3. 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.
2. Developer acknowledges and agrees that, except as expressly set forth in this Agreement,
the City makes no representations and warranties, express or implied, as to the Property, the
physical condition of the Property, and any Condition which may exist on, in or under the
Property. Other than the representations and warranties set forth in this Agreement,
HOME -ARP Program Agreement Page 6
Developer hereby expressly acknowledges and agrees that it is relying solely upon its
inspections, examination, and evaluation of the Property.
3. 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 shall 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 HOME -ARP funded new construction of rental housing with
four (4) or more units, Developer shall include installation of broadband infrastructure in
accordance with 24 CFR §92.251(a)(3)(v), unless the City determines and documents that (A)
the location makes installation infeasible; or (B) the cost of installation would result in an undue
financial burden or a fundamental alteration of the project.
VI. 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. Actual receipt of notice shall
not be required to effect notice hereunder. 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.
If to the City:
The City of Clearwater
Attn: ED&H Director
P.O. Box 4748
Clearwater, FL 33758
(727) 444-7926
If to Developer:
Homeless Emergency Project, Inc.
Attn: Ashley Lowery President/CEO
1120 North Betty Lane
Clearwater, FL 33755
(727) 442-9041 ext 126
Contact persons may be changed upon written notice to the other party.
HOME -ARP Program Agreement
Page 7
VII. RECORDKEEPING REQUIREMENTS.
A. For the duration of this Agreement Developer shall maintain the following documentation and
records:
1. Accurate information regarding the occupancy and contract rents for each tenant of the
Qualifying Units and the Affordable Unit;
2. Documentation demonstrating compliance with Affirmative Marketing requirements relating
to the Qualifying Units and the Affordable Unit;
3. Evidence of tenants' Qualifying Population status (e.g. homeless, at risk of homelessness,
domestic violence/sexual assault/human trafficking, or other Qualifying Population);
4. Documentation necessary to demonstrate proof of income for tenants in the Qualifying Units
and the Affordable Unit;
5. A rent reasonableness sheet;
6. Lease agreements or occupancy documents for tenants of the Qualifying Units and the
Affordable Unit;
7. Documentation and evidence demonstrating property standards compliance; and
8. Confidentiality and privacy compliance records.
B. All records pertaining to the Project shall be maintained for a minimum of five (5) years following
completion of the funded activity or as required pursuant to Florida's General Records Schedule,
whichever is longer, in which this activity reported on for the final time, or in case of litigation,
claim, or audit, all records shall be retained until completion or resolution;
C. All such records listed in Section A. shall be made available to City, U.S. Department of Housing
and Urban Development, representatives of the State of Florida and/or Comptroller General of the
United States for audit, inspection, or copying purposes during normal business hours.
Additionally, Developer shall submit all such records to the City annually for review.
VIII. ADMINISTRATIVE REQUIREMENTS.
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. The requirements of 2 CFR Part 200, apply to the City and Developer, except for the following
provisions: 2 CFR § 200.306, § 200.307, § 200.308 (not applicable to participating
jurisdictions), § 200.311 (except as provided in 24 CFR § 92.257), § 200.312, § 200.329, §
200.333, and § 200.334. The provisions of 2 CFR § 200.305 apply as modified by 24 CFR §
92.502(c) and HUD Notice CPD -21-10. If there is a conflict between definitions in 2 CFR Part
HOME -ARP Program Agreement Page 8
200 and 24 CFR Part 92, the definitions in 24 CFR Part 92, govern. Moreover, if there is a
conflict between the provisions of 2 CFR Part 200 and the provisions of HUD Notice CPD -
21-10, the provisions of HUD Notice CPD -21-10 govern. Where regulations in 24 CFR Part
92 refer to specific regulations of 2 CFR Part 200 that were or are renumbered or revised by
amendments to 2 CFR Part 200, the requirements that apply to the use of HOME -ARP funds
are the applicable requirements in 2 CFR Part 200, as amended, notwithstanding the
renumbered regulatory reference.
C. Developer shall adhere to the applicable requirements of 24 CFR § 92.505.
D. Compliance Monitoring of the Project. Compliance monitoring of the Project shall be a
responsibility of Developer, to be performed by a compliance monitor as approved by the City.
The compliance monitor shall be responsible for monitoring Developer's compliance with
restrictions regarding the use or occupancy of the Project and ensure that all requirements are
being satisfied on a continuing basis in accordance with the LURA. In the event that the
compliance monitor shall ever resign, be removed, or otherwise, in the opinion of the City, fail
to perform the duties of the compliance monitor, Developer shall, at the direction of the City,
hire a successor compliance monitor. The compliance monitor shall:
1. Conduct an initial briefing with the property manager and upon any change in the entity
responsible for management of the Project, with such new entity, regarding procedures for
filing tenant income certification forms, and compliance certificates, and for verifying
income of tenants.
2. Provide annual summary report to the City detailing the ratios of Qualifying Units and the
Affordable Unit occupied by eligible tenants as required by the LURA.
3. Conduct on-site audits of the Project's tenant records and document all findings to ensure
compliance with applicable regulations, terms and conditions.
4. Review rent rolls to ensure monthly rents are in compliance with the rent limits established
herein.
5. Examine leases to ensure that all occupants of the Qualifying Units and the Affordable
Unit are listed, and that the lease is current and fully executed.
6. Verify annual re -certifications are performed in a timely manner.
7. Review the certification procedures to verify that record retention requirements are being
met, and the Qualifying Units and the Affordable Unit are not occupied until properly
certified.
8. Inspect the Qualifying Units and the Affordable Unit for compliance with local codes,
HOME Property Standards, and housing quality standards.
9. Prepare Management Review Summary documenting conclusions of monitoring visit,
incorporate findings of non-compliance discovered during compliance review, and
recommend corrective actions, as required.
10. Provide copies of Management Review to Developer and the City.
The compliance monitoring duties of Developer or the compliance monitor, as the case may
be, shall continue until all restrictions under the LURA are satisfied, expired, or terminated.
HOME -ARP Program Agreement Page 9
E. Production of Records. 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 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.
F. 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 -ARP Program funds
provided under this Agreement.
G. Developer shall adopt appropriate procedures for affirmatively marketing the Qualifying Units
and the Affordable Unit. Affirmative marketing consists of good faith efforts to provide
information and otherwise to attract to the available housing, eligible persons from all racial,
ethnic, and gender groups in the housing market area. Developer shall be required to use
affirmative fair housing marketing practices in soliciting renters, determining eligibility,
concluding transactions, and affirmatively further fair housing efforts. Developer must
maintain a file containing all marketing efforts (i.e. copies of newspaper ads, memos of phone
calls, copies of letters, etc.) to be available for inspection on request by the City. Developer
must provide a description of intended actions that will inform and otherwise attract eligible
persons from all racial, ethnic, and gender groups in the housing market of the available
housing. Developer must provide the City with an assessment of the affirmative marketing
program. Assessment must include: a) methods used to inform the public and potential renters
about federal fair housing laws and affirmative marketing policy, b) methods used to inform
and solicit applications from persons in the housing market who are not likely to apply
without special outreach; and c) records describing actions taken by the participating entity
and/or owner to affirmatively market units; and records to assess the results of these action.
H. 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.
I. 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, 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.
J. Developer shall establish and ensure the eligibility of all persons and households assisted under
this Agreement with regard to HOME -ARP requirements and definitions for the Qualifying
Populations as set forth in HUD Notice CDPD -21-10. 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
HOME -ARP Program Agreement Page i10
ethnicity to include whether persons assisted under this Agreement are White, Black/African
American, Asian, American Indian/Alaskan Native, or Other Multi -Racial and a separate count
for beneficiaries that also identify as Hispanic/Latino. The information shall be maintained for
each HOME -ARP assisted household and person(s) or family assisted under this Agreement.
Developer shall submit the beneficiary information to the City upon request.
K. Developer shall provide drug-free workplaces in accordance with the Drug -Free Workplace
Act of 1988.
L. 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 -ARP 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
Standards Act (40 U.S.C. § 3701).
M. 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 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.
N. 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.
Subrecipient shall maintain procurement records that demonstrate compliance with applicable
outreach and inclusion efforts, and shall incorporate these requirements into all subcontracts,
as appropriate.
O. Developer will ensure that all records required under this Agreement are retained for a period
of five (5) years after the Period of Affordability 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 authorized federal officials for purposes of investigation to ascertain compliance with
the statutes, rules, regulations, and provisions stated herein.
P. 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.
Q.
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 must 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, including apprenticeship.
HOME -ARP Program Agreement Page [1 11
R. 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.
S. If applicable, Developer must comply with the requirements of the Build America, Buy
America (BABA) Act, 41 U.S.C. § 8301 note, and all applicable rules and notices, as may be
amended, if applicable to Developer's infrastructure 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.
T. 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.
U. 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.
V. Developer agrees that funds received under this Agreement will not be utilized for religious
activities; however, HOME -ARP 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 -ARP funds by religious organizations.
W. Developer shall not further encumber the Property without the prior written approval of the
City.
X. 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.
Y. Tenant Protections. Developer shall ensure and the City shall verify that each household that
occupies a unit under this Agreement has an executed lease that complies with the tenant
protection requirements under Section VI.B.19 of pro HUD Notice CPD -21-10.
Z. Developer shall comply with Section 104(d) of the Housing and Community Development Act
of 1974, if applicable.
HOME -ARP Program Agreement Page i12
AA. Confidentiality Requirements. Developer must develop, implement, and maintain
written procedures to require that:
1. All records containing personally identifying information of any individual or family who
applies for and/or receives HOME -ARP assistance will be kept secure and confidential;
2. The address or location of any NCS or HOME -ARP rental housing exclusively for
individuals fleeing or attempting to flee domestic violence, dating violence, sexual assault,
stalking, or human trafficking will not be made public, except as necessary where making
the address or location public does not identify occupancy of the NCS or HOME -ARP
rental housing, when necessary to record use restrictions or restrictive covenants in
accordance with Section VI.B or VIE, or with written authorization of the person or entity
responsible for the operation of the NCS or HOME -ARP rental housing; and
3. The address or location of any program participant that is a fleeing or attempting to flee
domestic violence, dating violence, sexual assault, stalking, or human trafficking will not
be made public, except as provided under a privacy policy of the City consistent with state
and local laws and any other grant conditions from other federal grant programs regarding
privacy and obligations of confidentiality.
BB.Documenting Status of a Qualifying Population that is Fleeing or Attempting to Flee
Domestic Violence, Dating Violence, Stalking, Sexual Assault, or Human Trafficking.
1. If an individual or family qualifies because the individual or family is fleeing or attempting
to flee domestic violence, dating violence, sexual assault, stalking, or human trafficking
then acceptable evidence includes an oral or written statement by the qualifying individual
or head of household seeking assistance that they are fleeing that situation. An oral
statement may be documented by either:
i. a written certification by the individual or head of household; or
ii. a written certification by a victim service provider, intake worker, social worker,
legal assistance provider, health-care provider, law enforcement agency, legal
assistance provider, pastoral counselor, or an intake worker in any other
organization from whom the individual or family sought assistance.
The written documentation need only include the minimum amount of information
indicating that the individual or family is fleeing or attempting to flee domestic violence,
dating violence, sexual assault, stalking, or human trafficking and need not include any
additional details about the conditions that prompted the individual or family to seek
assistance.
CC.Written Standards of Conduct: Developer must maintain written standards of conduct
covering the conflicts of interest and organizational conflicts of interest requirements under
HUD Notice CPD 21-10 and 24 CFR 92.356(f). The written standards of conduct must also
provide for internal controls and procedures to require a fair and open selection process for
awarding HOME -ARP funds. These standards must include provisions on if and how
Continuum of Care board members may participate in and/or influence discussions or resulting
decisions concerning the competition or selection of an award or other financial benefits made
pursuant to the HUD Notice CPD 21-10, including internal controls on when funds may be
awarded to the organization that the member represents.
IX. DEBARMENT AND SUSPENSION
HOME -ARP Program Agreement Page j13
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 commission of any of the offenses enumerated 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.
X. 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 -ARP 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 VI. 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:
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. Canceling or revising activities may affect the performance of this Agreement and
create a deficiency in the original Agreement and may be grounds for making this
HOME -ARP Program Agreement Page i14
contract void and trigger remedies available to the City under this Agreement and/or
HOME -ARP Program regulations.
d. Reprogramming any balance of HOME -ARP Program funds made available under this
Agreement from deficient activities, or any activity funded under this Agreement, to
other eligible activities.
e. Suspension of HOME -ARP Program fund disbursements for deficient activities, or any
activities funded under this Agreement and subsequent termination of this Agreement
in its entirety.
f. 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.
g. Removing Developer from participation in any future allocations of HOME Program
funds from the City.
h. 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 any and 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 the Project 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 X, Remedies on
Default.
G. Pursuant to 24 CFR § 92.205(e), should this Agreement be terminated before completion of
the Development, either voluntarily or otherwise, any HOME -ARP Program funds invested in
the Development that is the subject of this Agreement shall be repaid to the City.
XL TERMINATION
Pursuant to 2 CFR Part 200, the City may terminate this Agreement upon thirty (30) calendar days
prior written notice to Developer contact person indicated in Section VI 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.
XII. 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
HOME -ARP Program Agreement Page 15
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, where
applicable.
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.
I. Copyrights and Patents. If this Agreement results in a book or other copyright materials or
patent materials, Developer may copyright or patent such, however the City and the State of
Florida reserve a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or
otherwise use such materials and to authorize others to do so.
XIII. INDEMNITY
Developer agrees that it shall indemnify and save harmless the City, its officers, agents, directors,
and employees from:
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.
XIV. NO WAIVER OF SOVEREIGN IMMUNITY.
Nothing contained herein shall be construed as a waiver of any immunity or limitation of liability
either party may have under the doctrine of sovereign immunity or Section 768.28, Florida
Statutes.
HOME -ARP Program Agreement Page 16
XV. INSURANCE.
Developer shall maintain insurance coverage in form and amount deemed adequate by the City for
all risks inherent in the functions and aspects of its operation including but not limited to risks of
fire, casualty, automobile liability coverage, workmen's compensation insurance as required by
law, and public liability insurance for personal injury and property damage. Policies will name the
City as additional insured and loss payee.
XVL TIME OF PERFORMANCE
Developer shall commence activities included in Section I, Scope of Service, only after receipt of
the City Notice to Proceed.
XVII. TERM OF AGREEMENT
This Agreement shall be in full force and effect from the date first written above and shall remain
in force for the full Period of Affordability applicable to the development assisted with HOME -
ARP Funds.
HOME -ARP Program Agreement Page 17
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)
HOMELESS EMERGENCY PROJECT, INC.,
a Florida not-for-profit corporation.
Print name:
Title:
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
as of HOMELESS EMERGENCY
PROJECT, INC, who ❑ is/are personally known to me or 0 who has/have produced a driver's license as
identification.
(NOTARIAL SEAL)
Notary Public, State of Florida
Name of Notary:
My Commission Expires:
My Commission No.
HOME -ARP Program Agreement Page _1$
(CITY SIGNATURE PAGE)
Approved as to Form:
Matthew J. Mytych, Es
Assistant City Attorney
Date:
7jo2 i/c r
HOME -ARP Program Agreement
City of Clearwater, Florida,
a Florida municipal corporation.
Jen r Poirrier
City Manager
Date:
Attest:
July att, 4046
'S➢Y Rosema ie Call
City Clerk
Date:
Page !i9,
EDIT "A"
LEGAL DESCRIPTION
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 29 SOUTH, RANGE 15 EAST,
PINELLAS COUNTY, FLORIDA, FOR A POINT OF REFERENCE; THENCE N00°07'03"W,
758.00 FEET; THENCE N89°36'07' W, 30.00 FEET TO THE POINT OF BEGINNING; THENCE
S00°07'03"E., 563.03 FEET; THENCE N52°37"00"W, 239.48 FEET; THENCE N00°07'03"W,
418.95 FEET; THENCE S89°36'07"E, 190.00 FEET TO THE POINT OF BEGINNING LESS
ALL OF THE ROAD RIGHT OF WAY OF BETTY LANE AND OVERBROOK AVENUE.
HOME -ARP Program Agreement Page 20
E7HIIBIT "B"
PROJECT SCHEDULE
Activity Completion Date
Plans and Specs4/17/2025
Site Acquisition 09/23/2023
Preconstruction Conference 08/31/2026
Construction Begins 09/15/2026
Construction Complete 02/15/2028
Expenditure of Funds Amount
20% $ 276,058.70
20% $ 276,058.70
20% $ 276,058.70
20% $ 276,058.70
100% $276,058.70
HOME -ARP Program Agreement Page 21
EXHIBIT "C"
SOURCES AND USES
Source of Funds Amount of Funds
HOME Loan $ 1,391,938.00
HOME Project Delivery,` $ 5,000.00
LJ
Total Sources: $ 1,396,938.00
Uses
Hard Costs: $ 1.380,293.50
Soft Costs: $ 11,644.50
Project Delivery: $ 5,000.00
Total Development Cost: $ 1,396,938.00
HOME -ARP Program Agreement Page 22
EXHIBIT "D"
PROJECT -SPECIFIC WAITLIST PLAN
Purpose
The purpose of this waitlist plan is to identify and prioritize families who demonstrate a continued need for
long-term affordable housing stability and may benefit from access to supportive services intended to
promote housing retention, family stability, and overall wellbeing.
This waitlist is designed to support successful transitions from temporary shelter and transitional housing
into affordable housing, while promoting long-term housing stability, family preservation, and positive
household outcomes. Supportive services may be offered to participating households but are not a condition
of housing.
The Project will operate a project -specific referral and waitlist process.
Unit Eligibility and Referral Process
1. HOME -ARP -Qualifying Population Units. Households seeking placement in HOME -ARP
Qualifying Population Units must meet the applicable HOME -ARP Qualifying Population (QP)
requirements, including:
• Families experiencing homelessness;
• Families at risk of homelessness;
• Families fleeing or attempting to flee domestic violence, dating violence, sexual assault,
stalking, or human trafficking, and
• Other vulnerable family households as defined by applicable HOME -ARP guidance.
Eligibility for these units shall be determined in accordance with applicable HUD HOME -ARP
requirements and supporting documentation standards.
2. HOME -ARP Affordable Unit. The primary referral source for the HOME -ARP Affordable Unit
shall be HEP's Family Transitional Program (FTP). Families residing in HEP's FTP may be
considered for placement when they meet household income requirements at or below 80% of the
Area Median Income ("AMI"), demonstrate a continued need for affordable housing stability, and
experience barriers to obtaining or maintaining permanent housing.
On a case-by-case basis, the program may also consider direct referrals or self-referred households
for this unit, provided the household meets applicable income and program eligibility requirements
and admission is consistent with fair housing and nondiscrimination requirements.
Review Process
An internal multidisciplinary review team may periodically review referrals, unit availability, and applicant
eligibility to support placement decisions consistent with program requirements and fair housing laws.
HOME -ARP Program Agreement Page 23
The project shall comply with all applicable federal, state, and local fair housing and nondiscrimination
requirements. No household shall be denied housing based on any protected characteristic, and reasonable
accommodations shall be provided in accordance with applicable law.
Denial and Removal from Waitlist
Households may be denied admission to or removed from the waitlist for failure to meet program eligibility
requirements, inability to provide or verify required documentation, repeated inability to contact the
household after reasonable outreach efforts, voluntary withdrawal from the waitlist, or securing alternative
permanent housing prior to placement.
Confidentiality
All applicant and household information shall be maintained as confidential and shared only with
authorized program staff and partners for purposes directly related to eligibility determination, placement,
and service coordination. Information shall be handled in accordance with applicable privacy laws and
agency policy.
Communication with Applicants
Program staff shall make reasonable efforts to maintain communication with households regarding waitlist
status. It is the responsibility of the applicant to ensure current contact information is on file. Failure to
maintain contact may result in removal from the waitlist.
HOME -ARP Program Agreement Page 24
EXHIBIT "E"
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
nongovernmental entity when a contract is executed, renewed, or extended between the
nongovernmental 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 -ARP Program Agreement Page 25