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11/15/2016 (2)
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11/15/2016 (2)
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Last modified
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 "B" <br />1.1. Applicant shall construct and complete, through the receipt of a Certificate of Occupancy, one <br />or more affordable housing rental units on each Lot as permitted by the zoning of each Lot, within <br />three (3) years of the date of the deed of conveyance of the Lots to Applicant. Applicant and <br />County acknowledge and agree that one (1) of the Lots has the capacity to be subdivided into <br />multiple Lots and each such subdivided Lot shall have one (1) single family residence on it and all <br />such subdivided lots are, for all purposes herein, collectively included within the terms Lot and <br />Lots. If a Certificate of Occupancy is not issued for any of the single family residences on any Lot <br />within the referenced 3 year timeframe, the title to any such Lot shall revert to the County unless <br />an extension of the three (3) year time frame is approved by the Indian River County Board of <br />County Commissioners at a regularly scheduled meeting thereof. <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 Property, <br />then all right, title and Interest of Applicant in and to the Lots shall automatically terminate and be <br />rendered null and void, and ail right, title and interest in and to the Lots shalt automatically vest in <br />Indian River County, a political subdivision of the State of Florida. If either of the foregoing events <br />occur after rental of any Property Applicant shall transfer title to the Property to another Section <br />501(c)(3) Entity specifically organized for the purpose of building, rehabbing, and revitalizing <br />homes and/or rental units for very -low-income and low-income households. <br />9.1. Applicant acknowledges that the County is donating the Lots pursuant to Florida Statutes <br />section 125.379 for the construction of permanent affordable rental housing. Accordingly, the <br />parties acknowledge and agree that the County's remedy for breach of this Agreement by <br />Applicant shall be as follows: <br />(a) Any use of any Lot and/or any Property by Applicant in violation of this Agreement shall <br />result in reversion of the Lot to the County and ,4pplicant shall, immediately upon request of <br />County, execute and record a Quitclaim Deed conveying such Lot to the County; <br />263 <br />
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