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2009-167
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2009-167
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Last modified
3/9/2016 11:42:20 AM
Creation date
10/1/2015 3:37:56 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/09/2009
Control Number
2009-167
Agenda Item Number
12.A.1
Entity Name
Habitat for Humanity Inc.
Subject
Surplus County owned land Affordable Housing
Supplemental fields
SmeadsoftID
10692
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Agreement with purchasers of units to be built by Applicant on the Lots . <br /> 1 . 10 . Contemporaneously with the sale of the Property to a homeowner , Applicant may <br /> obtain a " Right of First Refusal " to purchase the Property if the homeowner opts to sell the <br /> Property ; provided that , upon exercise of such right , Applicant : ( a ) sells the Property to <br /> another purchaser who meets the definition of very- low- income or low- income persons as <br /> set forth in Florida Statutes section 420 . 0004 ; and ( b ) complies with the provisions of <br /> paragraph 1 . 11 of this Agreement in connection with the sale to the new homeowner . <br /> 1 . 11 . Applicant acknowledges and agrees that ( a ) the Lots are , by statute , intended to be <br /> used for the construction of permanent affordable housing ; ( b ) all prospective and actual <br /> purchasers of homes to be built by Applicant on the Lots shall receive written information <br /> and counseling concerning the deed restrictions on the Lots ; ( c ) all deeds conveying the <br /> Lots and the Property shall specifically include the reference to the deed restrictions on the <br /> Lots ; ( d ) Applicant has a continuing obligation to monitor sales and resales of each Property ; <br /> ( e ) the County must approve all subsequent sales and resales of each Property ; and (f) the <br /> deed restrictions may be released only by a written instrument in recordable form , as more <br /> specifically set forth in such deed . <br /> 1 . 12 . Applicant shall ensure that appropriately licensed persons , as applicable , construct or <br /> supervise the construction of the housing units built on the Lots . 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 <br /> of Applicant . <br /> 1 . 13 . Applicant expressly acknowledges and agrees that : ( a ) it has inspected the Lots and <br /> accepts the same As Is , Where Is in the condition existing as of the Effective Date , together <br /> with all defects , latent and patent , if any ; ( b ) County has made no representations or <br /> warranties of any nature whatsoever regarding the Lots , including , without limitation , title , <br /> the physical conditions of the Lots ; any improvements located thereon ; the availability of <br /> utilities ; or the suitability of the Lots for Applicant' s intended use ; ( c ) Applicant is entering <br /> into this Agreement based on its own independent investigation of the Lots and has satisfied <br /> itself as to the general and local conditions , particularly those bearing on the availability of <br /> water , sewer , electric power , communications facilities , and road access ; and ( d ) the County <br /> assumes no responsibility or obligation to provide any facilities of any nature whatsoever at <br /> the Lots and /or in connection with the construction of the housing units to be constructed <br /> thereon . <br /> 1 . 14 . Applicant expressly acknowledges and agrees that it shall be solely responsible to <br /> obtain water , sewer , electric power , telephone , and television utilities for the Lots , including <br /> any associated security deposit or initial set- up charges . <br /> 1 . 15 . Applicant acknowledges and agrees that is has the sole responsibility to pay any and <br /> all ad valorem taxes levied or assessed against the Lots , while the Lots are owned by the <br /> Applicant , including any special assessments imposed on or against the Lots and /or a <br /> Property for the construction or improvement of public works , and shall pay the same when <br /> due , unless exempt . <br /> ARTICLE 2 DEFINITIONS <br /> 3 <br />
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