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2016-194
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Last modified
11/16/2016 11:25:47 AM
Creation date
11/16/2016 11:25:46 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Deed
Approved Date
11/15/2016
Control Number
2016-194
Agenda Item Number
13.B.
Entity Name
City of Fellsmere
Subject
County Deed
Every Dream has a Price
Area
Lot 194 Block 8 Hall, Carter, & James Subdivision
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A TRUE COPY <br /> GERTirFICAT IOC; C!4 LAST PAGE <br /> J.R. 4"iITH, CLERK <br /> 3. Rental of Property. The Rental Property Unit shall be Rented only by Tenants who meet the <br /> criteria set forth hereinbelow. <br /> 3.1. The Rent for the Rental Property Unit must be Affordable (as defined herein) to the <br /> Tenant . The Tenant shall have monthly Rent payments that are Affordable (as defined herein). <br /> 3.2. The Property may not be Rented by a Tenant whose household Adjusted Gross <br /> Income exceeds the thresholds set forth in Florida Statutes section 420.004 for Very-Low-Income <br /> or Low-Income households. <br /> Rent. 3.3. The security deposit, if any, for any Rental Property Unit shall not exceed one month's <br /> 4. Maintenance of Property. Grantee shall maintain the exterior of the Rental Property Units in <br /> good repair, including, but not limited to, painting, landscaping and lawn maintenance, as <br /> necessary. Grantee shall maintain the Rental Property Units in accordance with the applicable <br /> laws, regulations and ordinances of the County, and if applicable, the governing municipality. For <br /> so long as the original Grantee is the owner of the Lot, the Property, or the Rental Property Units, <br /> the maintenance obligations set forth herein are binding on Grantee. <br /> 5. Covenants Run with the Land. All covenants, conditions and restrictions contained in this Deed <br /> shall be covenants running with the land, and to the fullest extent permitted by law and equity, be <br /> binding upon the Property for the benefit of and in favor of, and be enforceable by, the County <br /> against the Grantee and any party in possession or occupancy of the Property or any portion <br /> thereof. The covenants, conditions and restrictions set forth in this Deed are intended to be <br /> perpetual, but may be modified in a document in recordable form executed by the County and the <br /> Grantee, or the Grantee's successors in interest in the event that the character of the <br /> neighborhood within which the Property is located changes substantially through the passage of <br /> time. <br /> 6. Property as Servient Estate. For the purposes of this instrument, the Property and all portions <br /> thereof shall be the servient tenement and the County shall be the dominant tenement. The <br /> Restrictions shall run with the Property and be binding on all persons acquiring title to the Property, <br /> or any portion thereof, and all persons claiming under them. <br /> 7. Enforcement by County. The County is the beneficiary of these Restrictions, and as such, the <br /> County may enforce these Restrictions by action at law or in equity, including without limitation, a <br /> decree of specific performance or mandatory or prohibitory injunction, against any person or <br /> persons, entity or entities, violating or attempting to violate the terms of these Restrictions. <br /> 8. Waiver; Invalidity; Construction; Venue. Any failure of the County to enforce these Restrictions <br /> shall not be deemed a waiver of the right to do so thereafter. No waiver of these Restrictions shall <br /> be effective unless contained in a written document executed by County. Any waiver shall only be <br /> applicable to the specific instance to which it relates and shall not be deemed to be a continuing or <br /> future waiver. If any covenant, restriction, condition or provision contained in this Deed is held to <br /> be invalid by any court of competent jurisdiction, such invalidity shall not affect the validity of any of <br /> the other Restrictive Covenants herein contained, all of which shall remain in full force and effect. <br /> This Deed shall be construed in accordance with the laws of Florida and venue shall be in Indian <br /> River County, Florida. <br /> 4 <br />
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