2022-120B - Laserfiche WebLink

Home Browse Search

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