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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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2 . 1 . County and Applicant agree that the definitions in SHIP Program Rule 67 - 37 FAC ; <br /> Florida Statutes Chapter 420 ; and the County' s Local Housing Assistance Plan , as any of <br /> the foregoing are amended from time to time , apply to terms used in this Agreement . Any <br /> term defined in the SHIP Program Rules and not otherwise defined in this Agreement shall <br /> have the meaning set forth in said Statutes and Rules or amended by the State of Florida <br /> through SHIP Program memorandums . <br /> ARTICLE 3 COMPLIANCE WITH LAWS <br /> 3 . 1 . Applicant shall maintain its existence as a not-for- profit corporation under the <br /> applicable laws of the State of Florida and its qualification as a Section 501 ( c ) ( 3 ) Entity <br /> during the term of this Agreement . Applicant acknowledges and agrees that , in the event ( a ) <br /> Applicant loses its status as Section 501 ( c )( 3 ) Entity ; or ( b ) Applicant dissolves its corporate <br /> existence , and either of the foregoing occur while Applicant is still the owner of the Lots , <br /> then all right , title and interest of Applicant in and to the Lots shall automatically terminate <br /> and be rendered null and void , and all right , title and interest in and to the Lots shall <br /> automatically vest in Indian River County , a political subdivision of the State of Florida . <br /> 3 . 2 . Applicant shall comply with all applicable Federal , State and local laws in its <br /> performance under this Agreement , including , without limiting the generality of the foregoing , <br /> all regulations applicable to the SHIP Program found in Chapter 67 - 37 , FAC ; Section 420 <br /> Part VII , Florida Statutes ; and the Indian River County Local Housing Assistance Plan , as <br /> any or all of the foregoing are amended from time to time . <br /> 3 . 3 Applicant understands and agrees that the use of the Lots must comply with all state <br /> and local regulations applicable to construction of single-family residential dwellings . <br /> 3 . 4 The County and the Applicant acknowledge and agree that the clauses in this <br /> Agreement with respect to reversion of the Lots are governed by the exception found in <br /> Florida Statutes section 689 . 18 ( 5 ) : "Any and all conveyances of real property in this state <br /> heretofore or hereafter made to any governmental , educational , literary , scientific , religious , <br /> public utility , public transportation , charitable or nonprofit corporation or association are <br /> hereby excepted from the provisions of this section [ reverter or forfeiture provisions of <br /> unlimited duration in the conveyance of real estate] . " <br /> ARTICLE 4 PROJECT RECORDS <br /> 4 . 1 . Applicant covenants to maintain complete and accurate project records ; inspection <br /> and monitoring reports ; and any other documentation necessary or required to assure <br /> compliance with this Agreement (the foregoing herein collectively " Records " ) ; and to retain <br /> all such Records for five years after the Certificate of Occupancy is issued for the last new <br /> housing unit constructed under this Agreement . Applicant shall maintain and retain , at its <br /> usual place of business , all required Records to demonstrate compliance with this <br /> Agreement and the County' s Local Housing Assistance Plan . Records must be kept for <br /> each Lot ; Property ; and each household assisted to demonstrate that each household <br /> assisted is in compliance with County' s Local Housing Assistance Plan . <br /> 4 <br />
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