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2009-164
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2009-164
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Last modified
3/9/2016 10:51:23 AM
Creation date
10/1/2015 3:37:21 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/09/2009
Control Number
2009-164
Agenda Item Number
12.A.1
Entity Name
Coalition for Attainable Homes
Subject
Surplus County owned lands Coalition for Attainable Homes
Area
Geoffreys Sub. W.E. Geoffreys's Sub Smith Plaza Sub.
Supplemental fields
SmeadsoftID
10688
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a contract to provide any goods or services to a public entity , may not submit a bid on <br /> a <br /> contract with a public entity for the construction or repair of a public building or public work , <br /> may not submit bids on leases of real property to a public entity , may not be awarded or <br /> perform work as a contractor , supplier , subcontractor , or consultant under a contract with <br /> any public entity , and may not transact business with any public entity in excess of the <br /> threshold amount provided in Section 287 . 017 , for CATEGORY TWO for a period of 36 <br /> months from the date of being placed on the convicted vendor list" . <br /> 8 . 2 . Pursuant to Section 105 . 08 of The Code of Indian River County , prior to signing this <br /> Agreement , the Applicant shall complete and return a duly notarized " Disclosure of <br /> Relationships " in the form set forth on Exhibit " B" attached hereto and made a part hereof . <br /> ARTICLE 9 REMEDIES ; NO ASSIGNMENT <br /> 9 . 1 . Applicant acknowledges that the County is donating the Lots pursuant to Florida <br /> Statutes section 125 . 379 for the construction of permanent affordable housing . Accordingly , <br /> the parties acknowledge and agree that the County ' s remedy for breach of this Agreement <br /> by Applicant shall be as follows : <br /> ( a ) Any use of any Lot by Applicant in violation of this Agreement shall result in <br /> reversion of the Lot to the County and Applicant shall , immediately upon request of <br /> County , execute and record a Quitclaim Deed conveying such Lot to the County ; <br /> ( b ) Any other default by Applicant under this Agreement that remains uncured for 30 <br /> days following notice thereof from the County to the Applicant shall be cause for <br /> the County to declare this Agreement in default and , thereafter , the Applicant shall <br /> be removed from the lists of : ( i ) eligible recipients of , and may not apply for , <br /> donation of future surplus lots ; and ( ii ) eligible purchasers of future surplus lots , all <br /> of the foregoing as contemplated to occur pursuant to Florida Statutes section <br /> 125 . 379 in 2010 . <br /> 9 . 2 . No Assignment . Applicant shall not in any manner , assign , transfer , mortgage , pledge , <br /> encumber , or otherwise convey an interest in this Agreement or any part hereof ( any one of <br /> the foregoing events hereinafter referenced as an " Assignment" ) , without the prior written <br /> consent of the County , which consent shall not be unreasonably delayed , conditioned , or <br /> withheld . Any such attempted Assignment without County approval shall be null and void . <br /> ARTICLE 10 MISCELLANEOUS <br /> 10 . 1 . This Agreement shall be construed according to the laws of the State of Florida <br />. <br /> Venue for any lawsuit brought by either party against the other party or otherwise arising out <br /> of this Agreement shall be in Indian River County , Florida , or , in the event of federal <br /> jurisdiction , in the United States District Court for the Southern District of Florida . <br /> 10 . 2 , This Agreement incorporates and includes all prior and contemporaneous <br /> negotiations , correspondence , conversations , agreements or understandings applicable to <br /> the matters contained herein and the parties agree that there are no commitments , <br /> 6 <br />
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