RESIDENTIAL EXTERIOR IMPROVEMENT GRANT AGREEMENT - NG-R-26-01RESI-DENTIAL EXTERIOR IMPROVEMENT GRANT AGREEMENT
NG -R-26-01
This Residential Exterior Improvement Grant Agreement (this "Agreement") is made as of
�,S ph1 00040 (the "Effective Date"), by and between TIE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and politic of
the State of Florida created -pursuant to Part III, Chapter -1-63,- Florida Statutes (the "Agency"), and
Stephanie Walker, an individual (the "Applicant_':)(collecti_vel_yJhe_Agency-and the Applicant are the
"Parties").
WITNESS"E-TH:
WREAS, the Agency was created to implement community redevelopment activities -as
provided in the Florida CommunityRedevelopment Act of 1969 (the "Act") codified at Chapter 163,
Part III, Florida Statutes; and
WHEREAS, on January 12, 7023, the Agency adopted the North Greenwood Community
Redevelopment Area Plan (the "Plan"); and
WHEREAS, in furtherance of the Plan, the A-gency has established the Residential Exterior
Improvement Grant -Program -(the "Program") to rehabilitate single -family -homes, improve property
conditions, aesthetics, reduce housing cost burden, and aid in- the elimination of slum and blight in
the North Greenwood Community Redevelopment Area (theRedevelopment Area"); -and -:-
-WHEREAS, the Agency has approved- a grant to—tthe-Applicant_in_an amount not -to -exceed
$25,000.00 in -financial assistance_under_the_Program to_provide exterior improvement assistance to
the property-lo-cated at 1165 Russell -Street, Clearwater; -Florida, 33755 (the "Property"). The -grant -is
intended for the installation of a new roof and seven -new windows -at -the Property (the "Project") as
further detailed in the Applicant's grant application and plancpecifcatns attached hereto as Exhibit
"C" (the "Specifications"); and
WHEREAS, the Agency finds that providing -financial assistance for the= exterior
improvement of the Propertyy is a permissible use of the Agency's funds; and
WHEREAS, the Agency fmds—that the Project comports with and furthers the goals;
objectives, and policies of the Plan.
NOW, THEREFOR, in consideration of the mutual promises and covenants -contained
herein, the Parties hereby agree_as follnw.s•
1. GENERAI
1. Recitals. The foregoing recitals-are.G ant.l-correct and are incorporated in and form a
part of this Agreement.
2. Purpose of Agreement The purpose of thisAgreement is to further the implementation of
the Plan by the completion of the Project.
1
3. Legal Description. The legal description for the Property is -attached hereto as Exhibit "A".
II. APPLICANT WARRANTIES AND RESPONSIBILITIES
1. Development of the Project. The Applicant shall complete tl:eProject in accordance with
the Specifications and the grant application. The Applicant shall complete all Project work
within three hundred sixty-five (365) days -from the date of application .approval. Such
completion shall be evidenced by receipt of a Finding of Project Completion from the
Agency. A Finding of Project Completion shall be granted in accordance with the criteria
contained in the Agency's Residential Exterior Improvement Grant Policy attached -hereto
as Exhibit -"B" (the "Policy"). For purposes -of this Agreement, the date of application
approval -shall be the -Effective Date.
2. Applicant's Project Contribution. As a condition -of -receiving reimbursement grant funding
from -the Agency, -the Applicant shall -provide one thousand two -hundred fifty dollars and
00/100 cents ($1,250.00) in monetary contribution -(the "Monetary Contribution")=towar-d
the Project. Evidence of expenditure of the Monetary Contribution towards -the Project
shall be submitted to the Agency's satisfaction before disbursement -of -the Agency's grant
funding. - Notwithstanding the Forego ing, -the Applicant may have the -Monetary
-Contribution reduced if the Applicant- completes_ certain community ._service acts in
accordance with the Policy.
TLhe_Applicant has .agreed_ to complete nine (9)- hours -of community service ("Hours'
reducing-,the-Monetary-C-ontr bution-to--zero-dollars-and_0Q/1=0.0 -cents ($O.00):_(the
- "Reduced=Contria itionf ). In the event the Applicant is unable to provide=the number -of ---
Hours agreed to herein, the Reduced Contribution shall -be -calculated only by the number
of Hours actually provided. The difference between the Monetary Contribution and -the --
Reduced -Contribution shall be added tothe=balance of -the Applicant's available grant
funds. For -avoidance of doubt, the amount that can be added to the Applicant's available
grant funds is the amount of money that is subtracted out of the Monetary Contribution
for the completion of Hours to calculate the Reduced=Contribution. Proof of completion
of Hours shall be provided to the Agency before release of grant -funds
3. Warranties of the Applicant. The Applicant -warrants that the full wing -information is true -
and correct:
a. The Applicant is the owner-ofthe-Property;
b. A -single-family home is located on the Property;
c. The Property is located in the Redevelopment Area;
d. The Property is the primary residence and legal homestead of the Applicant or -meets an
alternative qualification under -the Policy;
e. The Applicant is current on their property -taxes for the Property or a payment plan has been
approved by the Director;
2
f. The Applicant is current on all mortgage payments or has provided documentation to the CRA
evidencing -a payment plan that is to the CRA's satisfaction, if applicable;
g. The Property has no outstanding code enforcement or building code violations or the
Applicant has made the Agency aware of such violations and the Agency has agreed to allow
• the Project to move forward as the renovations will remediate any violations; and
h. The Property has not received a grant from the Agency in the preceding thirty-six (36)months
prior to the Effective Date.
III. AGENCY RESPONI LITIES
1. Grant Funding. The Agency shall reimburse the Applicant for the Project's eligible costs up
to -a base amount of twenty-three thousand seven hundred -fifty -dollars and 00/100 cents -
($23,750.00). Depending_ upon the number of Hours completed or a waiver of the
community service option pursuant -to the Policy, the Applicant may receive up to an
additional one thousand two hundred fifty dollars and 00/100 cents ($1,250.00) in -grant funds
for a total grant not to exceed twenty-five thousand dollars and 00/100 cents ($25,000.00)
(the "Grant Funds"). The Grant Funds -shall be payable within thirty (30) days of receipt of
a fully completed reimbursement request after the issuance of a Finding- of- Project
Completion by the Agency assuming the Applicant has also complied 4=Lith Section -Il -of this
Agreement where applicable.
_2.. Notwithstanding Paragraph 1 of this section, -The Agency's director (the "Director") may
allow earlier draw requests of the Grant Funds to the Applicant or to any approved licenses
contractors or vendors in accordance with the Policy. However; he Grant Funds-d-isbursed_
in this manner shall not be disbursed -more frequently than once every -thirty -(30) days.
The Parties understand and agree that -nothing in this Agreement createsany contractual—
relationship between the Agency and any contractor or vendor- and the Agency shall -not
be liable for any monies owed to any contractor or-v_endor. The_ability of the Agency to
pay the_contractor or vendor directly is only fnr the sake of can cni-ence to the Applicant
and the Applicant -remains -exclusively liable for any funds owed to the- contractor or
vendor.
3. If the Director determines that=a reimbursement request -does -not meet the -requirements of
this Agreement or the Policy, then-the=Parties agree that the -Agency shall not owe any
monies to the Applicant for they requested reimbursement, the Applicant shall have no
recourse against the Agency, and the Director's decision shall be final without any means
of appeal.
IV. APPLICANT DEFAULT_
1. Failure to Timely Complete the Project. If the Applicant fails -to -obtain a -Finding of
Project Completion within three hundred sixty-five (365) days of the date of application-
approval,- then the Parties agreethat the Applicant -shall -be -in default underthis Agreement
without notice or opportunity to cure the -default. An extension to_this timeframe may be
granted by the Director for good cause if the Applicant submits a written request for such
an extension before the expiration of the one hundred eighty (180) day period-.
3
2. Other Events of Default. In addition to the foregoing event of default, the occurrence of
any one or more of the following events after the Effective Date -shall also constitute an
event of default by the Applicant:
a. The Applicant makes a general assignment for the benefit of its creditors, or admits in
writing its inability to pay its debts as they become due or files -a petition in bankruptcy,
or is adjudicated a bankrupt or insolvent, or files-apetition-seeking any reorganization,
arrangement, composition, readjustment, liquidation, dissolution or similar relief under
any present or future statute, law or regulation or files an ansrwer admitting, or fails
reasonably to contest, the material allegations of a petition filed against it in any such
----proceeding, or seeks or consents to or acquiesce in the appointment of_any trustee,
receiver Dr -liquidator of the Applicant or any material part of such entity's properties;
b. Within sixty (60) days after the commencement of _any -proceeding by or against the
Applicant seeking any reorganization, arrangement, composition, readjustment,
liquidation, dissolution or similar -relief under any present- or future statute, law or
regulation, --such proceeding shall -not have been dismissed or otherwise terminated,_or_.
if, within sixty (60) days after the appointment without the consent oracquiescence of
the Applicant or any trustee, receiver or liquidator of any such entities or -of any material
part of -any such entity's properties, such appointment shall not have been vacated-;-or-
c.
acated-;or
c. A breach by the Applicant of any other term, condition, requirement, or warranty of
this Agreement or the Policy.
3. Agency's Remedy -Upon Certain Appli-cant. Default. In the ev.ent_of default -and if the
Applicant has failed to cure the default -within the allotted time -prescribed under Section—
IV, Paragraph 4 (if applicable), then the Parties agr-ee that:a)- this Agreement shall be null
and void; b)_that the Agency will have no further responsibility to -the -Applicant, including
the responsibility to tender any remaining amounts of the Grant Funds to the -Applicant;
and c) that if the Agency has -tendered any of the_Grant Funds to the Applicant, the Agency
shall be entitled to the return of all -the -Grant Funds _plus default interest at -a -rate of ten
percent (10%) starting from the date of default. The remedial provisions shall-surIvive-the
termination -of -this Agreement.
4. Notice of Default and Opportunity to Cure. The Agency shall providewritten notice of a
default under Section IV, Paragraph -2 -of -this Agreement and provide the Applicant thirty
(30) days from -the date the notice -is -sent to -cure -such a default. This notice will -be deemed
received when sent by first class -mail -to -the Applicant''s notice address or_ -when -delivered -
to the Applicant if sent by a different means-.
V. NIISCELLANEOUS
1. Notices. All notices, demands, requests for approvals, or other communications -given by
either party to another shall be- in writing, and shall be sent -to the office for each party
indicated below and addressed as follows:
4
To the Applicant:
Stephanie Walker
1165 Russell Street
Clearwater, Florida 33755
To the Agency:
Community Redevelopment Agency of
the City of Clearwater
P.O. Box 4748
Clearwater, Florida 33758
Attention: Executive Director—
with copies to:
City of Clearwater
P.O. Box -4748
Clearwater; Florida 33758
Attention: Clearwater City Attorney's Office
2. Unavoidable Delay. Any delay in performance of or inability to perform any obligation
under this Agreement (other than an _obligation to pay money) --due to any event or
condition described in this section as an -event of "Unavoidable Delay" shall -be excused
in the manner provided in this -section.
3. "Unavoidable -Delay" means -any -of -the -following events or conditions or any combination
thereof: acts of God, acts of the public enemy, riot, insurrection, war; --pestilence,
archaeological excavations required by law, unavailability of -materials after timely
ordering of same, building moratoria, epidemics, quarantine restrictions, -freight
embargoes, fire, lightning, hurricanes, earthquakes -,-tornadoes, floods, extremely_abnormal
and excessively inclement weather (asindirated-by the records_of the local-weather_bureau
for a five year period -preceding the Effective Date), strikes .or labor disturbances, delays
due to proceedings under Chapters 73 and 74, Florida Statutes, restoration -in connection -
with any of the foregoing or any other cause beyond the reasonable_controE-of the -party
performing the obligation in question, including, without limitation, such causes -as -may
arise from the act of the other party to this Agreem-errt; or acts of any governmental
authority (except that acts of the Agency shall not constitute an Unavoidable Delay with
respect to performance by the Agency).
An application by any party hereto for an extension of time pursuant to this -section must
be in writing, must set forth in detail the reasons -and causes of delay,-and_must be filed
with the other party to this Agreement within thirty (30) days following the -occurrence of
the event or condition causing -the-Unavoidable_Delay or thirty (30) days following the
party becoming aware (or with the exercise of reasonable diligence should -have -become -
aware) of such occurrence. ,
The party shall -be -entitled to anextension_of time for -an -Unavoidable Delay only -for -the
number of days of -delay due solely to the-occurrence_ofithe-event or -condition causing
such Unavoidal l -e -Delay and only to the extent that -any such occurrence actually delays
that party from proceeding with its rights, duties -and -obligations under -this Agreement
affected by such occurrence. In the event -the party is the Applicant then the Director is
authorized to grant an extension of time for an Unavoidable Delay for a period of up to
5
six (6) months. Any further requests for extensions of time from the Applicant under this
section must be agreed -to and approved by the Agency's Board of Trustees.
4. Indemnification. The Applicant agrees to assume all inherent risks of this Agreement and
all liability therefore, and shall defend, indemnify, and hold harmless the Agency -and the
City of Clearwater, Florida, a Florida municipal corporation ("the City"), and the
Agency's and the City's officers, agents; -and -employees from and -against any and all
claims of loss, liability and damages of whatever nature, to persons__ and_ property,
including, without limiting the generality -of the -foregoing, death of -any person and loss
of the use of any property,_except claims arising from the negligence of the Agency, the
City,, -or the Agency's or the City's agents or employees. This includes, but is not limited
to, matters -arising out of or claimed to have been -caused by or in any manner related to
the Applicant's activities or those of any approved or unapproved invitee, contractor,
subcontractor, or other person approved, authorized, or permitted by the Applicant
whether or not based on negligence. Nothing herein shall be construed as_ consent by the
Agency or the City to be sued by third parties, or as a waiver or modification of the
provisions or limits of Section 768.28, Florida_Statutes, or the Doctrine of Sovereign
Immunity.
6-. Assignability; Complete Agreement.- This Agreement is non -assignable by either party
and constitutes the entire Agreement -between -the Applicant and the Agency and all -prior
or contemporaneous oral and written agreements or representations of any nature- with
reference to the subject of this Agreement are canceled and superseded=by-the provisions
of this Agreement.
6. Applicable Law and Construction. The laws -of -the State of Florida shall -govern the
validity, performance, and enforcement of this -Agreement. This Agreement has been
negotiated by the Agency and the- Applicant, and -the-Agreement, including; -without
limitation, the exhibits; shall not be deemed to have been _prepared by -the-Agency or the
Applicant, but by all equally.
7. _Severability. Should any section or part of this- Agreement be rendered -void, invalid, -_or
unenforceable by any court of law, for any reason, such a determination shall not render
void, invalid, or unenforceable any other section or -part of this Agreement.
8. Amendments. This Agreement cannot be changed or revised except -by—written
amendment- signed by the Parties.
9. Jurisdiction and Venue. For purposes of any suit, action -or -other proceeding -arising out
of or relating to this Agreement, the .Parties doaael nawledge, consent, and agree that venue -
thereof is Pinellas County, Florida.
Each party to this .Agreement hereby submits -to the jurisdiction -of -the- State of Florida,
Pinellas County and the courts thereof and to the jurisdiction of the United States District
Court for the Middle District of Florida, for the purposes of any -suit, action or other
proceeding arising out of or relating to this Agreement and hereby agrees not to assert by
6
way of a motion as a defense or otherwise that such action is brought in an inconvenient
forum or that the venue of such action is improper or that the sub_ ject matter thereof may
not be enforced in or by such courts.
If, at any time during the term of this Agreement, the Applicant is not a resident of the
State of Florida -or has no office, employee, agency, registered agent or general partner
thereof available for service of process as--a-resident of the State of Florida, or if any
permitted assignee thereof shall be a foreign- corporation, partnership or other_en_tity or -
shall have no -officer, employee, agent, orgeneral partner available for -service of process
in the State of Florida, the Applicant hereby designates the Secretary of State, State of
Florida, its agentfor the service of process in any court action between it and the Agency
arising out of orx_elating to this Agreement and such service shall be made as provided by
the laws of the State of -Florida for service upon anonresident; provided, however, that at
the time of service on the Florida Secretary of State, a copy of such service shall be
delivered to the Applicant -at the address for notices -as provided in Section V, Paragraph
1.
10. Termination. If not earlier -terminated as provided -in this Agreement, this Agreement shall
expire and shall no longer be of any force and effect three hundred sixty-five (365) -days
from the anniversary of the date of application approval.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the
date and year first above written.
7
(CRA SIGNATURE PAGE)
COMMUNITY REDEVELOPMENT -AGENCY
OF THE CITY OF CLEARWATER, FLORIDA,
a public body -corporate and politic of the -State of
Florida.
By:
Approved as to form:
CRA Executive Dif /
Date: (/ �j
Attest:
Matthew J. Mytych, Esq. = -Rosemarie Call
CRA City-ele
Date: 2/40( Date:
8
:2 6M )81 aV' a
(APPLICANT SIGNATURE PAGE)
Stephanie Walker, an -individual.
-Ey:.
Print na
Tim
Date: 9) J/2.4
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was cknowledged before me by means [ .hysical presenee-or ❑ -online_
`gen who is/are
notarization, this day of 2026 by 1 �l
personally known to me or dwho has/have produced a -driver's lice se as identification.
(NOTARIAL SEAL)
9
c_To nre. Ott,g-,
Notary Public, State of Florida
Name of Notary:c„na a LT _ 7 2)lk?Z
My Commission Expires:-�UO�tPrr+�G�
My-CommissionNo.: j 14-
EXHIBIT "A"
LEGAL. DESCRIPTION
Lot 4, Block .1, Fairmont Sub, as per plat thereof, recorded in Plat Book 009, Page 085, ofthe Public Records of Pinellas
County, Florida
10
EXHIBIT "B"
RESIDENTIAL EXTERIOR IMPROVEMENT GRANT PROGRAM POLICY
11
EXHIBIT "C"
GRANT APPLICATION AND PLAN SPECIFICATIONS
12