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11/15/2016 (2)
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11/15/2016 (2)
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12/10/2020 1:10:04 PM
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12/10/2020 12:13:03 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
11/15/2016
Meeting Body
Board of County Commissioners
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EXHIBIT AW <br />SUBJECT TO that certain reversionary interest in the Grantor as set forth in paragraphs <br />1.1; 3.1; and 9.1(a). of that certain "AGREEMENT BETWEEN INDIAN RIVER COUNTY AND <br />EVERY DREAM HAS A PRICE, INC. FOR DONATION OF SURPLUS COUNTY OWNED LANDS" <br />by and between Grantor and Grantee (therein styled "Applicant") dated June 2, 2009, excerpts of <br />which are attached hereto and made a part hereof as Exhibit "B", and a complete copy of which is <br />on file with the office of the Cleric to the Indian River County Board of County Commissioners and <br />the Indian River County Community Development Department; and <br />SUBJECT TO RESTRICTIVE COVENANTS RUNNING WITH THE LAND <br />As to the Lot hereinabove granted, Grantee covenants and agrees, by accepting and placing this <br />Deed of record in the public records of Indian River County, Florida, that Grantor conveys the Lot <br />to Grantee with the following restrictions ("Restrictions") that run with the land and touch and <br />concern both the Lot and any and all single family or multi family residential dwelling rental units <br />constructed on the Lot: For the purposes of this Deed, the Lot as Improved with the single family <br />or multi family residential dwelling rental units Is herein referenced as the "Property", and any one <br />individual rental unit is herein referenced as a "Rental Property Unit": <br />1. Use of Pro e . Each Rental Property Unit shall be used solely for residential rental purposes. <br />The Rental Property Unit may not be used for any non-residential purposes whatsoever, except for <br />home office uses permitted by applicable zoning regulations. <br />2. Definitions. The following terms as used in this Deed shall have the meanings given below: <br />2.1. "Rented" means execution of a Rental Agreement between the Grantee as landlord <br />and the Tenant for one of the Rental Property Units at a Rent that is Affordable. <br />2.2 "Tenant' means the natural person who has or natural persons who have: (a) Rented <br />the Rental Property Unit to use and occupy as the principal residence of the household; and (b) a <br />household Adjusted Gross Income (as defined herein) that qualifies as Very -Low-income or Low - <br />Income (as such terms are defined in Florida Statutes section 420.0004)- <br />2.3. "Adjusted for Family Size" means adjusted in a manner which results in an income <br />eligibility level which is lower for households with fewer than four people, or higher for households <br />with more than four people, than the base Income eligibility determined as provided In Florida <br />Statutes section 420.0004(1) based upon a formula as established by the United States <br />Department of Housing and Urban Development. <br />2.4. "Adjusted Gross Income" means all wages, income from assets, regular cash or <br />noncash contributions or gifts from persons outside the household, and such other resources and <br />benefits as may be determined to be Income by the United States Department of Housing and <br />Urban Development, Adjusted for Family Size (as defined herein), fess deductions allowable under <br />section 62 of the Internal Revenue Code. "Adjusted Gross Income" is calculated on an annual <br />basis. <br />2.5. "Affordable" is defined to mean that monthly Rent payments do not exceed 30 percent <br />of the annual Adjusted Gross Income for a household that is Very -Low-income or Low-income (as <br />such terms are defined in Florida Statutes section 420.0004). <br />2.6. "Rent" means the periodic payments due to the Grantee as landlord from the Tenant <br />for occupancy under a Rental Agreement and any other payments due to the Grantee as landlord <br />from the Tenant that are designated as rent in the Rental Agreement. <br />2.7. "Rental Agreement" means any legally binding written residential lease agreement, <br />including amendments or addenda, between the Grantee as landlord and a Tenant, providing for <br />use and occupancy of a Rental Property Unit. <br />261 <br />
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