HomeMy WebLinkAbout2012-149 AGREEMENT FOR WITHDRAWAL
FROM PARTICIPATION IN NEIGHBORHOOD STABILIZATION PROGRAM
Through this Agreement for Withdrawal from the Neighborhood Stabilization
Program ( NSP ) entered into this 21st day of August , 2012 by and between Indian
River County , a political subdivision of the State of Florida , whose address is 1801 27tH
Street , Vero Beach , Florida 32960 , hereinafter referred to as County and the Indian
River County Housing Authority , a body corporate and politic whose address is 1028
20th Place , Vero Beach , Florida 32960 , hereinafter referred to as Housing Authority , the
County and the Housing Authority do agree to the terms as follows :
WITNESSETH :
WHEREAS , the County and the Housing Authority entered into an agreement
dated March 22 , 2010 , for the Housing Authority to act as a subgrantee or subrecipient
for the NSP ; and
WHEREAS , the Housing Authority purchased eleven ( 11 ) properties that were
rehabilitated and sold to qualifying participants of the NSP ; and
WHEREAS , the County has acted as the grantee for the NSP by handling the
financial responsibilities for purchase , rehabilitation and closing of the NSP properties
and qualifying potential buyers of the properties ; and
WHEREAS , in accordance with the NSP agreement dated March 22 , 2010
( NSPA) , between the parties , the Housing Authority is lawfully exercising its right to
withdraw from participation in the NSP and terminate the NSPA with the County ; and
WHEREAS , the Housing Authority has three ( 3 ) properties titled in its name at
the current time that will be conveyed to the County ;
NOW THEREFORE , for good and sufficient exchange of consideration between
the parties they agree as follows :
1 . The above recitations are true and correct and incorporated herein .
2 . Pursuant to the termination of the aforementioned NSPA , by and between the
County as the Grantee and the Housing Authority as the Subgrantee or
Subrecipient and subject to the limitations of Section 768 . 28 , Florida Statutes ,
the County agrees to indemnify and save and hold the IRCHA , its
commissioners , officers , agents , contractors and employees harmless from any
and all liabilities , claims , actions , damages , awards and /or judgments arising
from , pursuant to or concerning in any way the requirements and /or obligations
outlined in the Agreement , as a result of the acts or omissions of the County with
respect to the NSP and NSPA , from the inception of the Agreement through the
Agreement' s termination by the parties thereto . However , nothing contained
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herein shall constitute a waiver by either party of its sovereign immunity rights
and the limitations set forth in Section 768 . 28 , Florida Statutes . This
indemnification and hold harmless requirement shall continue in full effect after
the termination of the NSPA .
3 . Upon approval of this Agreement by the Housing Authority , the Housing Authority
shall convey to the County the three ( 3 ) remaining NSP properties titled in its
name .
4 . The County agrees to pay all reasonable attorney' s fees of the IRCHA
associated with the events leading up to the negotiated termination of the NSPA ,
the closings of any and all of the properties referenced herein associated with
NSP and NSPA , and the termination of the NSPA . The County shall make such
timely payment of attorney' s fees pursuant to mutually agreeable itemized bills as
provided by the IRCHA .
5 . The NSPA between the Housing Authority and the County is hereby terminated .
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
HOUSING AUTHORITY OF INDIAN RIVER COUNTY , FLO MI. 004 # 04SgipNF,•.o
By ' 4GC . Wheeler , Chaidman
Joe Idle e , III Ch rman :o
Witnessed b ATTEST :
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signature :
J Jeffrey R . Smith
printed name . - Clerk of Co rt an omptroller
signature :
printed name :
Approved as to form rr�
and W991 suflc�iengy`
William K . DeBraal
Deputy County Attorney
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