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2022-120A
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Last modified
11/18/2022 2:59:36 PM
Creation date
11/18/2022 2:58:36 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/21/2022
Control Number
2022-120A
Agenda Item Number
10.A.1.
Entity Name
Coalition for Attainable Homes, Inc.
Subject
Donation of Surplus County-Owned Lands for construction of homes
and or rental units for very-low income and low income households
Document Relationships
2022-120B
(Cover Page)
Path:
\Official Documents\2020's\2022
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1.2. With respect to the Lots, Applicant shall, consistent with State Housing Initiative Partnership <br />(SHIP) Program Rule 63-37, Florida Administrative Code ("F.A.C.") verify the income of all original <br />and subsequent applicants/renters and qualify only those applicants/renters whose incomes conform <br />to SHIP approved low-income or very -low-income household criteria. The Applicant may use the <br />County's SHIP applicant list to find clients for rental units/homes. <br />1.3. The rental amounts for each rental unit to be built on any Lot shall not exceed shall not exceed <br />the maximum rent amount for Indian River County as identified in the most recent Rent Schedule <br />by Number of Bedrooms in Unit published by the Florida Housing Finance Corporation ("FHFC"). <br />1.4. By April 1St of each year during the term of this Agreement, Applicant shall submit an annual <br />report to the County Community Development Department indicating progress on utilization of <br />the Lots. Once the rental units/homes are constructed and occupied, the annual report shall <br />provide information as to the name of the tenant renting each unit, the total number of household <br />members occupying the unit, the gross household income per rental unit, and the amount of rent <br />that is charged. <br />1.5. All appropriate building permits must be obtained for the construction of rental housing units on <br />the Lots [each such Lot as improved with the residential rental dwelling herein referenced as <br />"Property"]. County agrees to use its best efforts to expedite the review and permitting of affordable <br />housing rental units being built by the Applicant. <br />1.6. County shall convey each Lot to Applicant by Statutory County Deed containing covenants <br />running with the land /deed restrictions to ensure that the Lots and each Property are permanently <br />used for affordable rental housing, as such term is defined in Florida Statutes section 420.0004(3), <br />including, without limiting the generality of the foregoing, a reversionary clause in favor of Indian <br />River County as set forth herein. The deed restrictions will also prohibit any Property from being <br />rented: (a) at a rent that causes the household's monthly housing costs to exceed thirty percent <br />(30%) of the annual Adjusted Gross Income for a household that is Very -Low -Income or Low - <br />Income (as such terms are defined in Florida Statutes section 420.0004); or (b) to a renter who is <br />not eligible due to his or her household income exceeding the thresholds set forth in Florida <br />Statutes section 420.004 for Very -Low -Income or Low -Income (as such terms are defined in <br />Florida Statutes section 420.0004) households. The Applicant acknowledges and agrees that the <br />Lots are, by statute, intended to be used for the construction of permanently affordable rental <br />housing, and the deed restrictions may be released only by a written instrument in recordable <br />form, as more specifically set forth in such deed. The Applicant shall pay the costs of (a) <br />documentary stamps on the deed of conveyance, and (b) recording the deed of conveyance. 1.7. <br />Applicant shall ensure that appropriately licensed persons, as applicable, construct or supervise <br />the construction of the rental housing units built on the Lots. The applicant shall hold County <br />harmless from any claim of lien filed under Chapter 713, Florida Statutes, by any contractor, <br />subcontractor, or any other person or entity performing work or supplying materials on behalf of <br />the Applicant. <br />1.8. Applicant expressly acknowledges and agrees that: (a) it has inspected the Lots and accepts <br />the same As Is, Where Is in the condition existing as of the Effective Date, together with all defects, <br />latent and patent, if any; (b) County has made no representations or warranties of any nature <br />whatsoever regarding the Lots, including, without limitation, title, the physical conditions of the Lots; <br />any improvements located thereon; the availability of utilities; or the suitability of the Lots for <br />Applicant's intended use; (c) Applicant is entering into this Agreement based on its own <br />independent investigation of the Lots and has satisfied itself as to the general and local conditions, <br />particularly those bearing on the availability of water, sewer, electric power, communications <br />C:\Users\cbalter\Desktop\Agreement with Coalition Surplus Lots.docx <br />
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