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Exhibit A to initial occupancy and prior to change of occupancy by new owners. For rental homes, Property Owner shall verify renter income at change of tenancy. For owner occupied and rental homes, income shall be documented using the County's State Housing Initiative Partnership ("SHIP") program processes, unless a State or Federal Housing Program (e.g. Low Income Housing Tax Credit program) or a nonprofit housing provider program, with qualifying income restriction and monitoring requirements similar to the SHIP program is/are used to fund the construction of the housing. In those instances, County may rely on the income verification process established by those programs provided sufficient documentation is provided showing compliance with the below 80% AMI requirement based on household size, as determined by the U.S. Department of Housing and Urban Development. If no State or Federal Housing Programs or nonprofit housing programs with qualifying income restrictions are used to fund the construction of the housing, County will document income using the County's SHIP program processes. 5. Loss of Affordable Housing Impact Fee Reduction Eligibility. If during the term of this Agreement, the Property Owner no longer intends on utilizing the Property for affordable housing, the Property Owner can apply to County for a release of the affordable housing requirement and a termination of this Agreement, which will be granted upon the payment of the pro rata difference between the full impact fee due for the Property and the amount reduced under this Agreement, based upon the time the Property have been used for the required affordable housing. Any conversion of the use of the Property to a non-residential use, shall be addressed under Title X of the Indian River County Code of Ordinances. 6. Breach. To the extent the Property is no longer used for affordable housing or eligible for the affordable housing reduction as set forth in this Agreement, and Property Owner has not sought a termination as set forth in section 5 above, the Property Owner shall be deemed to have breached the terms of this Agreement. Property Owner shall owe County the difference between the full impact fee due for the Property and the amount reduced under this Agreement, upon thirty days' notice by the County of the breach. However, if the breach occurred more than five years after the effective date of this Agreement, Property Owner shall owe the County fifty percent of the difference between the full impact fee due for the Property and the amount reduced under this Agreement. If the breach occurs within five years of the Effective Date, but is not discovered until more than five years after the Effective Date, the Property Owner will not be entitled to the fifty percent reduction. Additionally, any amount owed will also include three percent interest calculated from the Effective Date. 7. Agreement Runs With the Land. Property Owner acknowledges that the rights and obligations under this Agreement run with the land and shall be binding and enforceable on all Property Owner's successors and/or assigns through the term of the Agreement. The County will record this Agreement in the Public Records of Indian River County. 8. Applicable Law; Venue. The validity, interpretation, construction, and effect of this Agreement shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising 2