HomeMy WebLinkAbout2016-194 A TRIBE COPY
Prepared by: CERTIricAT 10N (IN LAST PAGE
Office of County Attorney
J.R. SMITH, CLERK
1801 271" Street
Vero Beach, FL 32960 �� lt
772-226-1425
COUNTY DEED
INDIAN RIVER COUNTY, FLORIDA
THIS DEED, made this 15th day of November , 2016, by INDIAN
RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, party of
the first part, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960,
and CITY OF FELLSMERE, FLORIDA, a municipal corporation created pursuant to
the laws of the State of Florida, party of the second part, whose mailing address is 22
S. Orange Street, Fellsmere, Florida 32948.
WITNESSETH that the said party of the first part, pursuant to Section
125.38, Florida Statutes, has granted, bargained, conveyed and sold to the party of the
second part, its successors and assigns forever, the following described land lying and
being in Indian River County, Florida:
HALL, CARTER & JAMES SUBDIVISION
LOT 194, BLOCK 8
PBS 3-2 & 31
FURTHER, the designation of the above-described parcel for affordable
housing pursuant to Resolution No. 2007-068 of the Board of County Commissioners of
Indian River County, and all reversionary interests and restrictive covenants with regard
to single family and multi family residential dwelling rental units imposed under that
certain "Agreement Between Indian River County and Every Dream Has A Price, Inc. for
Donation of Surplus County Owned Lands" dated June 2, 2009, and in that certain
County Deed recorded in Book 2351, Page 1390 of the Public Records of Indian River
County, which are recited in Exhibit "A" and Exhibit "B" attached hereto, are hereby
released, relinquished and extinguished in their entirety. City of Fellsmere, Florida,
as successor grantee, acknowledges and agrees to the release and extinguishment of
all reversionary interests and restrictive covenants as evidenced by its signature below.
IN WITNESS WHEREOF the said party of the first part has caused these
presents to be executed in its name by its Board of County Commissioners, acting by
the Chairman of said Board, the day and year aforesaid.
INDIAN RIVER COUNTY, FLORIDA
By its Board of County Commissioners
'.'.1MIS
Attest: Jeffrey R Smith, Clerk of .�y�oR S/o;;F..,
Co rt d Compt
By: By:
eputy rk Bob Solari, Chairman :o=
o�
BCC approved: November 15, 2016 q' \
'NR/I/ER CO,���.
(Official Seal)
APPROVED AS TO FORM
A N 0 L.EG FFICIENCY
BY 1
DYLAN REINGOLD
COUNTY ATTORNEY
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A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
CITY OF FELLSMERE, FLORIDA
Attest:
By:
Deborah C. Krages, CMC, City Clerk Mayor
Approved by Council:
(Official Seal)
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A TRUE CCPY
GERTINCA11'0N CN LAST PAGE
'.R. S.10ITH, CLERK
EXHIBIT "A'
SUBJECT TO that certain reversionary interest in the Grantor as set forth in paragraphs
1.1; 3.1; and 9.1(a) of that certain "AGREEMENT BETWEEN INDIAN RIVER COUNTY AND
EVERY DREAM HAS A PRICE, INC. FOR DONATION OF SURPLUS COUNTY OWNED LANDS"
by and between Grantor and Grantee (therein styled "Applicant") dated June 2, 2009, excerpts of
which are attached hereto and made a part hereof as Exhibit "B", and a complete copy of which is
on file with the office of the Clerk to the Indian River County Board of County Commissioners and
the Indian River County Community Development Department; and
SUBJECT TO RESTRICTIVE COVENANTS RUNNING WITH THE LAND
As to the Lot hereinabove granted, Grantee covenants and agrees, by accepting and placing this
Deed of record in the public records of Indian River County, Florida, that Grantor conveys the Lot
to Grantee with the following restrictions ("Restrictions") that run with the land and touch and
concern both the Lot and any and all single family or multi family residential dwelling rental units
constructed on the Lot: For the purposes of this Deed, the Lot as improved with the single family
or multi family residential dwelling rental units is herein referenced as the `Property", and any one
individual rental unit is herein referenced as a "Rental Property Unit":
1. Use of Property. Each Rental Property Unit shall be used solely for residential rental purposes.
The Rental Property Unit may not be used for any non-residential purposes whatsoever, except for
home office uses permitted by applicable zoning regulations.
2. Definitions. The following terms as used in this Deed shall have the meanings given below:
2.1. "Rented" means execution of a Rental Agreement between the Grantee as landlord
and the Tenant for one of the Rental Property Units at a Rent that is Affordable.
2.2 `Tenant' means the natural person who has or natural persons who have: (a) Rented
the Rental Property Unit to use and occupy as the principal residence of the household; and (b) a
household Adjusted Gross Income (as defined herein) that qualifies as Very-Low-Income or Low-
Income (as such terms are defined in Florida Statutes section 420.0004).
2.3. "Adjusted for Family Size" means adjusted in a manner which results in an income
eligibility level which is lower for households with fewer than four people, or higher for households
with more than four people, than the base income eligibility determined as provided in Florida
Statutes section 420.0004(1) based upon a formula as established by the United States
Department of Housing and Urban Development.
2.4. "Adjusted Gross Income" means all wages, income from assets, regular cash or
noncash contributions or gifts from persons outside the household, and such other resources and
benefits as may be determined to be income by the United States Department of Housing and
Urban Development, Adjusted for Family Size (as defined herein), less deductions allowable under
section 62 of the Internal Revenue Code. "Adjusted Gross Income" is calculated on an annual
basis.
2.5. "Affordable" is defined to mean that monthly Rent payments do not exceed 30 percent
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).
2.6. "Rent* means the periodic payments due to the Grantee as landlord from the Tenant
for occupancy under a Rental Agreement and any other payments due to the Grantee as landlord
from the Tenant that are designated as rent in the Rental Agreement.
2.7. "Rental Agreement" means any legally binding written residential lease agreement,
including amendments or addenda, between the Grantee as landlord and a Tenant, providing for
use and occupancy of a Rental Property Unit.
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A TRUE COPY
GERTirFICAT IOC; C!4 LAST PAGE
J.R. 4"iITH, CLERK
3. Rental of Property. The Rental Property Unit shall be Rented only by Tenants who meet the
criteria set forth hereinbelow.
3.1. The Rent for the Rental Property Unit must be Affordable (as defined herein) to the
Tenant . The Tenant shall have monthly Rent payments that are Affordable (as defined herein).
3.2. The Property may not be Rented by a Tenant whose household Adjusted Gross
Income exceeds the thresholds set forth in Florida Statutes section 420.004 for Very-Low-Income
or Low-Income households.
Rent. 3.3. The security deposit, if any, for any Rental Property Unit shall not exceed one month's
4. Maintenance of Property. Grantee shall maintain the exterior of the Rental Property Units in
good repair, including, but not limited to, painting, landscaping and lawn maintenance, as
necessary. Grantee shall maintain the Rental Property Units in accordance with the applicable
laws, regulations and ordinances of the County, and if applicable, the governing municipality. For
so long as the original Grantee is the owner of the Lot, the Property, or the Rental Property Units,
the maintenance obligations set forth herein are binding on Grantee.
5. Covenants Run with the Land. All covenants, conditions and restrictions contained in this Deed
shall be covenants running with the land, and to the fullest extent permitted by law and equity, be
binding upon the Property for the benefit of and in favor of, and be enforceable by, the County
against the Grantee and any party in possession or occupancy of the Property or any portion
thereof. The covenants, conditions and restrictions set forth in this Deed are intended to be
perpetual, but may be modified in a document in recordable form executed by the County and the
Grantee, or the Grantee's successors in interest in the event that the character of the
neighborhood within which the Property is located changes substantially through the passage of
time.
6. Property as Servient Estate. For the purposes of this instrument, the Property and all portions
thereof shall be the servient tenement and the County shall be the dominant tenement. The
Restrictions shall run with the Property and be binding on all persons acquiring title to the Property,
or any portion thereof, and all persons claiming under them.
7. Enforcement by County. The County is the beneficiary of these Restrictions, and as such, the
County may enforce these Restrictions by action at law or in equity, including without limitation, a
decree of specific performance or mandatory or prohibitory injunction, against any person or
persons, entity or entities, violating or attempting to violate the terms of these Restrictions.
8. Waiver; Invalidity; Construction; Venue. Any failure of the County to enforce these Restrictions
shall not be deemed a waiver of the right to do so thereafter. No waiver of these Restrictions shall
be effective unless contained in a written document executed by County. Any waiver shall only be
applicable to the specific instance to which it relates and shall not be deemed to be a continuing or
future waiver. If any covenant, restriction, condition or provision contained in this Deed is held to
be invalid by any court of competent jurisdiction, such invalidity shall not affect the validity of any of
the other Restrictive Covenants herein contained, all of which shall remain in full force and effect.
This Deed shall be construed in accordance with the laws of Florida and venue shall be in Indian
River County, Florida.
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EXHIBIT "B"
1.1. Applicant shall construct and complete, through the receipt of a Certificate of Occupancy, one
or more affordable housing rental units on each Lot as permitted by the zoning of each Lot, within
three (3) years of the date of the deed of conveyance of the Lots to Applicant. Applicant and
County acknowledge and agree that one (1) of the Lots has the capacity to be subdivided into
multiple Lots and each such subdivided Lot shall have one (1) single family residence on it and ail
such subdivided lots are, for all purposes herein, collectively included within the terms Lot and
Lots. If a Certificate of Occupancy is not issued for any of the single family residences on any Lot
within the referenced 3 year timeframe, the title to any such Lot shall revert to the County unless
an extension of the three (3) year time frame is approved by the Indian River County Board of
County Commissioners at a regularly scheduled meeting thereof.
3.1. Applicant shall maintain its existence as a not-for-profit corporation under the applicable
laws of the State of Florida and its qualification as a Section 501(c)(3) Entity during the term of
this Agreement. Applicant acknowledges and agrees that, in the event (a) Applicant loses its
status as Section 501(c)(3) Entity; or (b) Applicant dissolves its corporate existence, Applicant
shall promptly notify County. If either of the foregoing events occur prior to rental of any Property,
then all right, title and interest of Applicant in and to the Lots shall automatically terminate and be
rendered null and void, and all right, title and interest in and to the Lots shall automatically vest in
Indian River County, a political subdivision of the State of Florida. If either of the foregoing events
occur after rental of any Property Applicant shall transfer title to the Property to another Section
501(c)(3) Entity specifically organized for the purpose of building, rehabbing, and revitalizing
homes and/or rental units for very-low-income and low-income households.
9.1. Applicant acknowledges that the County is donating the Lots pursuant to Florida Statutes
section 125.379 for the construction of permanent affordable rental housing. Accordingly, the
parties acknowledge and agree that the County's remedy for breach of this Agreement by
Applicant shall be as follows:
(a) Any use of any Lot and/or any Property by Applicant in violation of this Agreement shall
result in reversion of the Lot to the County and Applicant shall, immediately upon request of
County, execute and record a Quitclaim Deed conveying such Lot to the County;
STATE JF FLORIDA
INDIAN RIVER COUNTY
•.v�jSY COA1�j�S;.� THIS IS TO CERTIFY THAT THIS IS
�,O•' `r '!�TRUE AND CORRECT COPY OF
r�H"E ORIGINAL ON FILE IN THIS
_SPFICE.
FFREY/RJ�MwwITppH.CLERK
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