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COMMUNITY HOUSING DEVELOPMENT ORGANIZATION AGREEMENT (5)COMMUNITY HOUSING DEVELOPMENT ORGANIZATION AGREEMENT BY AND BETWEEN THE CITY OF CLEARWATER, FLORIDA AND HABITAT FOR HUMANITY OF PINELLAS COUNTY, INC Thi ommumty Housing Development Agreement (this "Agreement") is entered into this 1S-* day of fir 2026, by and between THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (the "City"), and HABITAT FOR HUMANITY OF PINELLAS COUNTY, INC , a Florida not-for-profit corporation ("Developer") WHEREAS, the City has applied for and has been awarded funds from the United State Department of Housing and Urban Development ("HUD") for the HOME Investment Partnerships Program (the "HOME Program"), and WHEREAS, among the purposes of the HOME Program are to promote partnerships between units of local government and nonprofit organizations and to expand nonprofit organizations' capacity to develop decent and affordable housing, and WHEREAS, to assist in achieving those purposes, the City under the HOME Program must reserve not less than fifteen percent (15%) of its HOME allocations for investment in housing units to be developed, sponsored, or owned by Community Housing Development Organizations ("CHDO"s), and WHEREAS, Developer has been certified by the City as a CHDO and has submitted an application for use of CHDO funds for a CHDO-eligible project consistent with the applicable HOME regulations, and WHEREAS, Developer has evidenced the capacity to construct an affordable housing unit funded in part by this Agreement to be located at 908 Engman Street, Clearwater, Florida 33755, and WHEREAS, on or about October 1, 2026, the City of Clearwater City Council conditionally approved the described use of CHDO funds as well as additional HOME funds and authorized staff to enter into this Agreement with Developer to provide funds for the construction of a single-family housing unit at the aforementioned property NOW THEREFORE, the City and Developer hereby execute this Agreement to undertake the development of the affordable housing unit described herein and agree as follows I SCOPE OF SERVICE A Developer shall complete the construction of an affordable single-family housing unit (the "Project") at the property located at 908 Engman Street, Clearwater, Florida 33755, more particularly described in Attachment "A" (the "Property") B Developer shall comply with the property standards required in Section IV of this Agreement C Developer shall affirmatively market the Project to low-income homebuyers whose total household incomes, adjusted for family size do not exceed eighty percent (80%) of the adjusted area median income for the area, as determined by HUD D Developer shall complete the construction and sale of the Project to an eligible, low-income homebuyer within twenty-four (24) months from the date that a Notice to Proceed has been issued 1 by the City. E. Developer shall establish a sales price for the Project that does not exceed Three Hundred Ninety - Four Thousand Dollars and 00/100 Cents ($394,000.00). F. Developer shall provide the City with a copy of all lien documents and homebuyers' verification of income prior to the sale of the Development. G. Developer must ensure that a HOME -assisted homebuyer receives and completes at least eight (8) hours of homebuyer counseling from a HUD -approved counseling agency before obtaining a mortgage loan. H. Developer must enter into a valid sales contract with an eligible homebuyer within twelve (12) months of obtaining a certificate of occupancy for the home. If Developer is unable to enter into a ratified sales contract with an eligible homebuyer within this timeframe, Developer must convert the Development into rental housing that complies with all provisions of 24 CFR § 92.252. II. PROJECT FUNDING A. The City hereby approves the award of One Hundred Eleven Thousand Five Hundred Thirty - Four Dollars and 92/100 Cents (111,534.92) in HOME CHDO funds (the "HOME CHDO Funds") and Ninety Thousand Five Hundred Sixty -Five Dollars and 08/100 Cents ($92,565.08) (the "General HOME Funds") in additional HOME Funds for total project funds in the amount of Two Hundred Two Thousand One Hundred Dollars and 00/100 Cents ($204,100.00) (the "Project Funds") to Developer for the Project. The budget including sources and uses of the Project Funds (the "Budget") is identified in Attachment "C" attached hereto and incorporated herein. B. USE of HOME CHDO Funds. The HOME CHDO Funds 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, Subpart G. Eligible uses of CHDO set-aside funds include, but are not limited to, the following: 1. Development of Affordable Housing. • Acquisition and or rehabilitation of rental housing to be owned, sponsored, or developed by the CHDO for occupancy by income -eligible households. • New construction of affordable rental or homebuyer housing to be owned, sponsored, or developed by the CHDO. • Acquisition of existing housing for rehabilitation and resale to income -eligible homebuyers. 2. CHDO Pre -development Assistance (24 CFR § 92.301). • Reasonable and necessary costs for site control, title clearance, and options. • Architectural, engineering, or other professional services required to determine project feasibility. • Costs related to preparing financing applications and securing project financing. 3. CHDO Operating Assistance (24 CFR § 92.208). • General operating expenses to carry out housing development activities (subject to statutory limits). • Salaries, wages, and other employee compensation. 2 • Rent, utilities, communication costs, and equipment. 4. Restrictions. • CHDO set-aside funds shall only be used for eligible activities carried out by an organization with CHDO designation, in compliance with HUD requirements. • CHDO funds shall not be used for activities prohibited under 24 CFR § 92.214, or for costs not directly related to housing development, pre -development, or eligible operating expenses. C. Developer shall ensure the Project 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. D. Developer shall establish, the 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. E. If for any reason, Developer breaches any term of this Agreement, the City may require full repayment of any amounts advanced hereunder. F. Repayment Obligation: Developer shall repay to the City the Project Funds from the sales proceeds of the Project. Since the loan carries zero percent (0%) interest, only the principal amount must be repaid. G. Calculation of the Sales Proceeds: For the purpose of repayment to the City, sales proceeds shall be defined as the gross sales price of the home, minus: • Reasonable and customary closing costs; • The outstanding HOME loan balance owed to the City; and • The developer fee, which shall not exceed twelve percent (12%) of the total construction cost. H. Developer Retention of Sales Proceeds. If after repayment of the Project Funds to the City there remain excess proceeds from the sale of the Project, Developer may retain such excess proceeds. However, such funds shall be used by Developer exclusively for housing activities that benefit low-income households. I. 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. J. 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. K. The Project Funds provided under this Agreement 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 HUD CPD Notice 01-11. III. AFFORDABILITY 3 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 Period of Affordability 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 default terms set forth in Section VIII of this Agreement. Developer shall ensure the affordability and principal residence requirements of the housing for the Period of Affordability through a land use restriction agreement (the "LURA") which shall be placed on the Property on the date that the Property is sold to an eligible homebuyer or the completion date that the Project is converted into rental housing. Affordability requirements shall be enforced by the City via the LURA encumbering the Property. B. The Period of Affordability shall commence: 1. Upon the date of execution of the LURA if the LURA contains a recapture provision; or 2. Upon the date of recording of the LURA if the LURA contains a resale provision. The Period of Affordability shall be in effect for fifteen (15) years from the commencement date (the "Period of Affordability"). C. 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 area median income adjusted for household size appropriate to the unit, as determined by HUD. 1. Upon request, the City will notify Developer of the maximum rents that may be charged. 2. In the event that either Developer or the City determines 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 2026 HOME Program Rents IBR 2BR 4BR 5BR 6BR Low HOME Rent Limit 1075 1290 1491 1663 1835 2007 D. Resale and Recapture Provisions. Depending on the particular circumstance, the LURA will contain either a resale or recapture provision in a form substantially similar to the provisions provided below: 1. Resale: When the Project is not converted to rental housing and there is no direct financial assistance to the buyer: 4 During the affordability period, the homeowner may sell the 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. • The Property may be sold 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; and • Property must be sold at a price that is "affordable to a reasonable range of low-income buyer". 2. Recapture: When directed financial assistance is provided to the buyer or the Project is converted to rental housing, 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: I. 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. II. 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. III. 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 Project. 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 5 requirements are considered to be satisfied. Violation or breach of any restrictions or covenant shall give the City the right to institute any proceeding at law or in equity necessary to recover the applicable sum set forth in the agreement. If action is instituted by the City to recover the sum, the homeowner or its succession in the title agree to pay all costs to collection, including court costs and reasonable attorney's fees. 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 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 the applicable requirements upon project completion. B. HUD Requirements. All new construction 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. 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. 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 6 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. 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. D. 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. E. Broadband Infrastructure. For new commitments made after January 19, 2017 for new construction housing projects of a building with more than four (4) rental units, the construction must include installation of broadband infrastructure, as this term is defined in 24 CFR § 5.100, except where the City determines and, in accordance with 24 CFR § 92.508(a)(3)(iv), documents the determination that: 1. The location of the new construction makes installation of broadband infrastructure infeasible; or 2. 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. 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. 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: City of Clearwater Attn: Housing Manager P.O. Box 4748 Clearwater, FL 33758 (727) 444-7148 If to Developer: Habitat for Humanity of Pinellas County, Inc. Attn: Mike Sutton 14010 Roosevelt Boulevard, STE 704 Clearwater, FL 33762 (727) 536-4755 The contact persons listed above may be changed upon s' written notice to the other party. VI. ADMINISTRATIVE REQUIREMENTS 7 A. CHDO Role Obligations, and Assistance. Pursuant to 24 CFR § 92.300, the Developer shall undertake the Project in the role of developer. The Developer is recognized as a private, nonprofit organization that has been certified by the City as meeting all requirements of a CHDO under 24 CFR § 92.2. Developer shall assume full responsibility for the implementation of the Project, including but not limited to: • Obtaining and maintaining site control; • Selling or leasing the completed housing in compliance with the affordability requirements of 24 CFR Part 92 and this Agreement; • Securing and managing all necessary financing; • Contracting for and overseeing design, rehabilitation, or new construction activities; and • Maintaining ownership of the housing during the development process. Developer affirms that it is, and shall remain throughout the term of this Agreement, a qualified nonprofit organization meeting the requirements of 24 CFR §92.2 and shall retain its responsibilities as Developer for the duration of the Project. B. Ongoing Nonprofit Obligations. Developer represents and warrants that it is organized as a private, nonprofit corporation in good standing under the laws of the State of Florida. Developer shall maintain its nonprofit status and continue to meet the qualifications of a CHDO for the duration of this Agreement, including but not limited to: • Board Composition: At least one-third (1/3) of the governing board shall be representatives of the low-income community, in accordance with 24 CFR § 92.2; • Community Accountability: The CHDO shall maintain accountability to the community it serves through formal processes such as open meetings, advisory committees, or community representation; • Capacity: The CHDO shall retain paid staff with demonstrated capacity appropriate to carry out housing development activities; and • Compliance: The CHDO shall comply at all times with the requirements of 24 CFR Part 92 and with all applicable federal, state, and local laws governing nonprofit corporations. Failure to maintain CHDO qualifications shall constitute a breach of this Agreement and may result in suspension, termination, or repayment of the Project Funds, as determined by the City. C. CHDO Operating and Pre -Development Assistance. Subject to availability of funds and City approval, the CHDO may be eligible to receive assistance for reasonable and necessary costs directly related to carrying out housing development activities, in accordance with 24 CFR §§ 92.208 and 92.301. 1. Operating Assistance: Operating expenses necessary to support CHDO housing development efforts may be funded under this Agreement, not to exceed the greater of Fifty Thousand Dollars and 00/100 Cents ($50,000.00) per year or fifty percent (50%) of the CHDO's total annual operating budget. 2. Pre -Development Loans: The CHDO may request loans for eligible pre -development costs, including but not limited to site control, title clearance, architectural, engineering, legal, and other professional services necessary to determine project feasibility. Such loans shall be repaid from construction or permanent financing proceeds if the Project is undertaken. If the Project does not 8 proceed, the loan shall be forgiven. No CHDO operating or pre -development assistance may be disbursed unless expressly authorized in writing by the City and documented as part of this Agreement or an amendment hereto. D. 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 92. E. Developer shall adhere to the requirements of 2 CFR Part 200 and applicable uniform administrative requirements of 24 CFR § 92.505. F. 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 Project 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. G. In accordance to 24 CFR § 92.353, Developer shall ensure that no person will be displaced from his or her housing unit as a direct result of activities assisted with the Project Funds.. H. Developer shall affirmatively market the Project to low-income persons in compliance with 24 CFR § 92.251 and Public Law 88-352 and 90-284 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. I. 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. J. Developer shall adhere to the Conflict -of -Interest provisions at 24 CFR § 92.356 and 2 CFR Part 200. K. Developer shall comply with the provisions of the National Environmental Policy Act of 1969, as applicable to Developments 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 documentation to evidence compliance with environmental statutes and regulations. L. Developer shall establish and ensure the eligibility of homebuyer purchasing housing developed under this Agreement with regard to low-income requirements specified by HUD. In addition, 9 Developer shall ensure maintenance of beneficiary information regarding the person assisted under this Agreement, including name, address, family size, social security number, race, sex, income, marital status, and whether the assisted person(s) is elderly, female head -of -household, handicapped, American Indian, Hispanic, Caucasian, African American, Alaskan Native, Asian or Pacific Islander. The information shall be maintained for each home and person(s) or family assisted under this Agreement. Developer shall submit the beneficiary information to the City upon request. M. Developer shall provide drug-free workplaces in accordance with the Drug -Free Workplace Act of 1988. N. 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 Standards Act (40 U.S.C. § 3701). O. 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 the Project. Developer shall ensure maintenance of records and reports to document compliance with fair housing and equal opportunity requirements. P. 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. Q. 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 stated herein. R. 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 or safety. S. 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 10 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. T. 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. U. Developer must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC § 8301, 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. V. 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. § 1701 u) 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. W. 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 I975, 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. X. 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. Y. Developer shall not further encumber the Project pursuant to this Agreement without the prior written approval of the City. Z. Developer shall monitor all subcontracted services on a regular basis to assure 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. 11 VII. DEBARMENT ANDSUSPENSION Developer certifies that Developer or 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. 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 of the Project 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). Corrective or remedial action will be designed to prevent a continuation of the deficiency, mitigate any adverse effects, and prevent recurrence of the deficiency. Corrective or remedial action may include: 1. Temporarily withholding cash payments pending correction of the deficiency by Developer. 2. Specific activities required by the City to correct the deficiency and to be accomplished by Developer in a specified time frame. 3. Reprogramming any balance of HOME Funds made available under this Agreement from deficient activities, or any activity funded under this Agreement, to other eligible activities. 12 4. Suspension of HOME fund disbursements for deficient activities, or any activities funded under this Agreement and subsequent termination of this Agreement in its entirety. 5. Termination of this Agreement in its entirety and requiring that Developer repay to the City any and all HOME Funds advanced under this Agreement. 6. Removing Developer from participation in any future allocations of HOME Funds from the City. 7. Taking other remedial actions that may be legally available to the City. D. 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 contract void, and trigger remedies available to the City under this Agreement and/or HOME Program regulations. E. 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. F. 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. G. 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 VIII, Remedies on Default. H. Pursuant to 24 CFR § 92.205(e), should this Agreement be terminated before completion of the Project, either voluntarily or otherwise, any HOME Funds invested in the Development that is the subject of this Agreement shall be repaid to the City's HOME Investment Trust Fund in accordance with 24 CFR § 92.503(b). IX. TERMINATION Pursuant to 2 CFR Part 200, the City may terminate this Agreement upon thirty calendar (30) days prior written notice to Developer 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 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. 13 C. The parties hereto 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, 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: 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 ofthis 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 ofthis Agreement. XII. TIME OF PERFORMANCE Developer shall acquire the Property in accordance with the schedule established in Attachment "B", Project Schedule. Developer shall complete all activities included in Attachment "B", Project Schedule, within twenty-four (24) months from 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 for the full Affordability Period for the Project IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. 14 (CITY OF CLEARWATER SIGNATURE PAGE) Bruce Mayor Date: Approved as to form: Matthew J. Mytych, •. q. Assistant City Attorney Date: I o/a/a6 CITY OF CLEARWATER, FLORIDA, a Florida municip1 corporation. By: Jennife/Poirrier City Man er Date: / r SIM. Attest: • 1Q& Rosemarie Call City Clerk Date: 15 ID- fv •9' STATE OF FLORIDA COUNTY OF PINELLAS The foregoing initrsiment was j otati�a n, mole . C�uof da of '10' produced a driver's license as identification. (DEVELOPER SIGNATURE PAGE) HABITAT FOR PINELLA C'O a Flo y: • a not-ff•;..1.:Tr iaregailhow Y OF ton. Print name: Mic ael Sutton Title: President & CEO Date: 10/1/2026 o ledged before me by means ✓ phy ' al rest nce _ online 2026 by ,lice/ , as is/are personally known to me or _ who has/have (NOTARIAL SEAL) CESAR FIGUEREDO Notary Public - State of Florida Commission # HH 757450 ;orn, My Comm. Expires Mar 13, 2030 Bonded through National Notary Assn. 16 Notary Public, Sta Name of Notary: My Commission xpire My Commission No.: Attachment "A" Legal Description Lots 5 and 6, Block 2, C.E. Jackson's Subdivision, according to the map or plat thereof as recorded in Plat Book 2, Page 96, Public Records of Hillsborough County, Florida, Pinellas County was a part. Parcel Number: 10-29-15-43596-002-0050 17 Attachment "B" Project Schedule Activity Construction of a single- family home Completion Date September 18, 2028 Attachment "C" BUDGET SOIJRCE OF FUNDS HOME CHDO Funds (the City) HOME Loan HOME Grant Total Sources: USES Amount of Funds $1111,534.92 $ 90565.08 $2,000.00 Construction Cost: $200,000.00 Soft Costs: $ 2,100.00 Project Delivery Cost $ 2,000.00 Total Development Cost: $204,100.00 Irl P CESAR FIGUEREDO `- Notary Public - State of Florida A`` Commission # HH 757450 I � ` or M. " My Comm. Expires Mar 13, 2030 4 I Bonded through National Notary Assn. I 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 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: Michael Su Title: President & C Signature: Date: 0/1 /2026 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acicnoviledged before me by means ✓ ph sical p esen or _ online d. of / ✓' , 2026 by /116&� Sly,, , as �►i1�'1T' C�r•U' of produced a driver's license as identification. (NOTARIAL SEAL) 15 is/are personally known to me or _ who has/have Notary Public, S • e f Florida Name of Notary: My Commission Expires: My Commission No.: