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or the suitability of the Lots for Applicant's intended use; (c) Applicant is entering into this <br />Agreement based on its own independent investigation of the Lots and has satisfied itself as <br />to the general and local conditions, particularly those bearing on the availability of water, <br />sewer, electric power, communications facilities, and road access; and (d) the County <br />assumes no responsibility or obligation to provide any facilities of any nature whatsoever at <br />the Lots and/or in connection with the construction of the housing units to be constructed <br />thereon. <br />1.9. Applicant expressly acknowledges and agrees that it shall be solely responsible to obtain <br />water, sewer, electric power, telephone, and television utilities for the Lots, including any <br />associated security deposit or initial set-up charges. <br />1.10. Applicant acknowledges and agrees that is has the sole responsibility to pay any and all <br />ad valorem taxes levied or assessed against the Lots, while the Lots are owned by the <br />Applicant including any special assessments imposed on or against the Lots and/or a Property <br />for the construction or improvement of public works, and shall pay the same when due, unless <br />exempt. <br />ARTICLE 2 DEFINITIONS <br />2.1. County and Applicant agree that the definitions in SHIP Program Rule 67-37 F.A.C; Florida <br />Statutes Chapter 420; and the County's Local Housing Assistance Plan, as any of the foregoing <br />are amended from time to time, apply to terms used in this Agreement. Any term defined in the <br />SHIP Program Rules and not otherwise defined in this Agreement shall have the meaning set <br />forth in the foregoing Statutes and Rules or as amended by the State of Florida through SHIP <br />Program memoranda. <br />ARTICLE 3 COMPLIANCE WITH LAWS <br />3.1. Applicant shall maintain its existence as a not-for-profit corporation under the applicable <br />laws of the State of Florida and its qualification as a Section 501(c)(3) Entity during the term of <br />this Agreement. Applicant acknowledges and agrees that, in the event (a) Applicant loses its <br />status as Section 501(c)(3) Entity; or (b) Applicant dissolves its corporate existence, Applicant <br />shall promptly notify County. If either of the foregoing events occur prior to rental of any <br />Property, then all right, title and interest of Applicant in and to the Lots shall automatically <br />terminate and be rendered null and void, and all right, title and interest in and to the Lots shall <br />automatically vest in Indian River County, a political subdivision of the State of Florida. If either <br />of the foregoing events occur after rental of any Property Applicant shall transfer title to the <br />Property to another Section 501(c)(3) Entity specifically organized for the purpose of building, <br />rehabbing, and revitalizing homes and/or rental units for extremely -low-income, very -low- <br />income, and low-income households. <br />3.2. Applicant shall comply with all applicable Federal, State and local laws in its <br />performance under this Agreement, including, without limiting the generality of the foregoing, <br />all regulations applicable to the SHIP Program found in Chapter 67-37, Florida Administrative <br />Code; Section 420 Part VII, Florida Statutes; and the Indian River County Local Housing <br />Assistance Plan, as any or all of the foregoing are amended from time to time. <br />31 <br />F.\Community Development\COUNTY OWNED LANDS\2019\AGREEMENT BETWEEN IRC AND EDHAP.c <br />