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HomeMy WebLinkAbout2009-165 � © Oj -- ��V�� THIS INSTRUMENT PREPARED BY F '000EN' GEORGE GLENN , ASSISTANT COUNTY ATTORNEY ^� t, M RETURN TO : COUNTY ATTORNEY ' S OFFICE Parcel ID Number : 32 - 39 -22 -00007 -0090- 00009 . 0 )) COUNTY DEED THIS COUNTY DEED made and executed this 1st day of December , 2009 , by Indian River County , a political subdivision of the State of Florida , whose mailing address is 1801 27th Street , Vero Beach , FL 32960 , hereinafter called " Grantor" or " County " to Coalition for Attainable Homes , Inc . , a Florida Not-for- Profit corporation , whose address is 1717 Indian River Blvd . , Suite 301 , Vero Beach , FL 32960 , hereinafter called " Grantee WITNESSETH : WHEREAS , Indian River County as Grantor , pursuant to the requirements of Section 125 . 379 Florida Statutes , prepared a list of County- owned land appropriate for the provision of affordable housing ; and WHEREAS , Indian River County as Grantor , on June 19 , 2007 , following a duly noticed public hearing , adopted Resolution 2007 -068 , finding that certain County- owned parcels , as set forth therein , were appropriate for the provision of affordable housing ; and WHEREAS , Indian River County as Grantor agreed to donate the parcels to non - profit housing organizations for the construction of homes for very - low- income and low- income households ; and WHEREAS , Grantee is a Florida non - profit corporation and a corporation organized exclusively for charitable , religious , literary , scientific , and educational purposes as set forth in section 501 ( c ) ( 3 ) of the Internal Revenue Code of 1986 , as amended ( " Section 501 ( c ) ( 3 ) Entity " ) , and specifically organized for the purpose of building homes for very - low- income and low- income households ; and WHEREAS , Grantee has formally requested that Indian River County as Grantor donate the land conveyed herein to Grantee for the construction of homes for very- low- income and low- income households ; and WHEREAS , Grantee acknowledges and agrees that this Deed contains restrictive covenants running with the land conveyed herein . NOW THEREFORE , Grantor , for and in consideration of the sum of TEN AND NO/ 100 DOLLARS ( $ 10 . 00 ) , and other valuable consideration , receipt whereof is hereby acknowledged , by these presents has granted , bargained , and sold to Grantee , its successors and assigns , forever , the following described lands lying and being in Indian River County , Florida and more specifically described in Exhibit A attached hereto and made a part hereof and hereinafter referenced as the " Lot" : SUBJECT TO restrictions , reservations , covenants and easements of record , if any , to the extent that the same are valid and enforceable , and to taxes subsequent to December 31 , 2009 , and SUBJECT TO that certain reversionary interest in the Grantor as set forth in Exhibit " B " attached hereto and made a part hereof , and 1 � © Oj -- ��V�� THIS INSTRUMENT PREPARED BY F '000EN' GEORGE GLENN , ASSISTANT COUNTY ATTORNEY ^� t, M RETURN TO : COUNTY ATTORNEY ' S OFFICE Parcel ID Number : 32 - 39 -22 -00007 -0090- 00009 . 0 )) COUNTY DEED THIS COUNTY DEED made and executed this 1st day of December , 2009 , by Indian River County , a political subdivision of the State of Florida , whose mailing address is 1801 27th Street , Vero Beach , FL 32960 , hereinafter called " Grantor" or " County " to Coalition for Attainable Homes , Inc . , a Florida Not-for- Profit corporation , whose address is 1717 Indian River Blvd . , Suite 301 , Vero Beach , FL 32960 , hereinafter called " Grantee WITNESSETH : WHEREAS , Indian River County as Grantor , pursuant to the requirements of Section 125 . 379 Florida Statutes , prepared a list of County- owned land appropriate for the provision of affordable housing ; and WHEREAS , Indian River County as Grantor , on June 19 , 2007 , following a duly noticed public hearing , adopted Resolution 2007 -068 , finding that certain County- owned parcels , as set forth therein , were appropriate for the provision of affordable housing ; and WHEREAS , Indian River County as Grantor agreed to donate the parcels to non - profit housing organizations for the construction of homes for very - low- income and low- income households ; and WHEREAS , Grantee is a Florida non - profit corporation and a corporation organized exclusively for charitable , religious , literary , scientific , and educational purposes as set forth in section 501 ( c ) ( 3 ) of the Internal Revenue Code of 1986 , as amended ( " Section 501 ( c ) ( 3 ) Entity " ) , and specifically organized for the purpose of building homes for very - low- income and low- income households ; and WHEREAS , Grantee has formally requested that Indian River County as Grantor donate the land conveyed herein to Grantee for the construction of homes for very- low- income and low- income households ; and WHEREAS , Grantee acknowledges and agrees that this Deed contains restrictive covenants running with the land conveyed herein . NOW THEREFORE , Grantor , for and in consideration of the sum of TEN AND NO/ 100 DOLLARS ( $ 10 . 00 ) , and other valuable consideration , receipt whereof is hereby acknowledged , by these presents has granted , bargained , and sold to Grantee , its successors and assigns , forever , the following described lands lying and being in Indian River County , Florida and more specifically described in Exhibit A attached hereto and made a part hereof and hereinafter referenced as the " Lot" : SUBJECT TO restrictions , reservations , covenants and easements of record , if any , to the extent that the same are valid and enforceable , and to taxes subsequent to December 31 , 2009 , and SUBJECT TO that certain reversionary interest in the Grantor as set forth in Exhibit " B " attached hereto and made a part hereof , and 1 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 residential dwelling units constructed on the Lot : For the purposes of this Deed , the Lot as improved with the single family residential dwelling is herein referenced as " Property " : 1 . Use of Property . The Property shall be used solely for residential purposes . The Property 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 . " Purchased " means by sale , court order, or other legal method of transfer or acquisition ; provided , however , that the Restrictions set forth in paragraphs 4 , 51 61 7 , and 8 shall be applicable to the inheritance of the Property by heirs of a Purchaser ( who has previously satisfied the criteria set forth below ) . 2 . 2 " Purchaser" means the natural person who has or natural persons who have : ( a ) Purchased the Property 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 principal mortgage payments , including taxes and insurance , 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 ) 3 . Purchase of Property . The Property shall be Purchased only by Purchasers who meet the criteria set forth hereinbelow . 3 . 1 . The Purchase price of the Property , for all sales and resales of the Property , must be Affordable ( as defined herein ) to the new Purchaser . The Purchaser shall have monthly mortgage payments that are Affordable ( as defined herein ) . 3 . 2 . The Property may not be Purchased by a Purchaser whose household Adjusted Gross Income exceeds the thresholds set forth in Florida Statutes section 420 . 004 for Very- Low- Income or Low- Income households . 4 . Maintenance of Property . Purchaser shall maintain the exterior of the single family residential dwelling located on the Lot in good repair , including , but not limited to , painting , landscaping and lawn maintenance , as necessary . Purchaser shall maintain the Property 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 or the Property , the maintenance obligations set forth herein are binding on Grantee . 2 i . , 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 residential dwelling units constructed on the Lot : For the purposes of this Deed , the Lot as improved with the single family residential dwelling is herein referenced as " Property " : 1 . Use of Property . The Property shall be used solely for residential purposes . The Property 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 . " Purchased " means by sale , court order, or other legal method of transfer or acquisition ; provided , however , that the Restrictions set forth in paragraphs 4 , 51 61 7 , and 8 shall be applicable to the inheritance of the Property by heirs of a Purchaser ( who has previously satisfied the criteria set forth below ) . 2 . 2 " Purchaser" means the natural person who has or natural persons who have : ( a ) Purchased the Property 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 principal mortgage payments , including taxes and insurance , 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 ) 3 . Purchase of Property . The Property shall be Purchased only by Purchasers who meet the criteria set forth hereinbelow . 3 . 1 . The Purchase price of the Property , for all sales and resales of the Property , must be Affordable ( as defined herein ) to the new Purchaser . The Purchaser shall have monthly mortgage payments that are Affordable ( as defined herein ) . 3 . 2 . The Property may not be Purchased by a Purchaser whose household Adjusted Gross Income exceeds the thresholds set forth in Florida Statutes section 420 . 004 for Very- Low- Income or Low- Income households . 4 . Maintenance of Property . Purchaser shall maintain the exterior of the single family residential dwelling located on the Lot in good repair , including , but not limited to , painting , landscaping and lawn maintenance , as necessary . Purchaser shall maintain the Property 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 or the Property , the maintenance obligations set forth herein are binding on Grantee . 2 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 Indian River County , Florida . IN WITNESS WHEREOF , the Grantor has caused this Deed to be executed in its name by its Board of County Commissioners , acting by the Chairman of such Board , the day and year aforesaid . INDIAN RIVER COUNTY Attest : J . K . Barton , Clerk 79 B ;,Foe By Deputy C erk�— Peter D . O 'B,ryan , Ch , `,(man BCC approval date .June , 9 ; X009 _ l ACCEPTED : COALITION FOR ATTAINABLE HOMES , INC . By Tom Tierney , Chairman °�y " ' � DatedGLERVII 3 t � 30 0 15 30 60 LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 22 , TOWNSHIP 32 SOUTH , RANGE 39 EAST , INDIAN GRAPHIC SCALE ( IN FEET ) 0 RIVER COUNTY , FLORIDA , MORE PARTICULARLY 1 inch = 30 ft . DESCRIBED AS FOLLOWS : LOT 9 , BLOCK 9 , ACCORDING TO THE PLAT OF SMITH PLAZA , PLAT BOOK 1 , PAGE 18 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY , FLORIDA . E NOW LYING IN INDIAN RIVER COUNTY , FLORIDA . LOT 8 Z LOT 19 CONTAINING 6 , 500 SQUARE FEET , MORE OR LESS , IMPROVED O UNIMPROVED OR 0 . 15 ACRES . Z ^ O NOTES w 1 . THIS SKETCH AND DESCRIPTION IS NOT VALID CK > > WITHOUT THE SIGNATURE AND RAISED SEAL OF THE ' FLORIDA REGISTERED SURVEYOR AND MAPPER 0 _ NAMED HEREON . .� E 2 . THIS SKETCH AND DESCRIPTION MEETS OR w 7 6 EXCEEDS ALL APPLICABLE REQUIREMENTS AS ESTABLISHED IN CHAPTER 61G17 - 6 , FLORIDA - LOT 20 ADMINISTRATIVE CODE . W 0 0 9 UNIMPROVED 3 , THIS SKETCH AND DESCRIPTION AND ADJOINING > A PARCELS MAY BE SUBJECT TO EASEMENTS , ' RESTRICTIONS , OR RIGHT - OF - WAYS NOT SHOWN 0 N P r AND MAY BE FOUND IN THE PUBLIC RECORDS . M z 4 . THIS SKETCH AND DESCRIPTION DOES NOT rj REPRESENT A FIELD SURVEY . EXISTING PROPERTY CONDITIONS OR FEATURES ARE NOT SHOWN . I m LEGEND & ABBREVIATIONS LOT 10 LOT 11 LOT 21 P . B . = PLAT BOOK IMPROVED UNIMPROVED UNIMPROVED PG . = PAGE R / W = RIGHT - OF - WAY O . R . B . = OFFICIAL RECORD BOOK 'x CERTIFICATION 47TH STREET = SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE k7 E Z-� THIS IS NOT A BOUNDARY SURVEY MICHAEL O ' BRIEN P . S . M . , C . F . M . DATE SKETCH TO ACCOMPANY LEGAL DESCRIPTION ; FLORIDA REGISTRATION NO . 6118 PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT INDIAN RIVER COUNTY SURVEYOR R� y� DRAWN BY: SECTION 22 SHEEN NDIAN RIVER COUNTY ADMINISTRATION BUILDING INDIANR/VER COUNTY B. ROACH SKETCHAND 17�,S'CRIPTION OF 1601 27TH STREET O DEPARTMENTOFPUBLICWORKS APPROVED BY: TOWNSHIP 32S LOT 9, BLOCK 1 VERO BEACH . FL 32960 LYa ( 772 ) 567 - 6000 �'coR ,oP ENGINEERING DIVISION M. OBRIEN. RANGE _J9E SiLIlTN PLAZA SUBDIVISION OF 1 t 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 Indian River County , Florida . IN WITNESS WHEREOF , the Grantor has caused this Deed to be executed in its name by its Board of County Commissioners , acting by the Chairman of such Board , the day and year aforesaid . INDIAN RIVER COUNTY Attest : J . K . Barton , Clerk 79 B ;,Foe By Deputy C erk�— Peter D . O 'B,ryan , Ch , `,(man BCC approval date .June , 9 ; X009 _ l ACCEPTED : COALITION FOR ATTAINABLE HOMES , INC . By Tom Tierney , Chairman °�y " ' � DatedGLERVII 3 EXHIBIT B [ paragraphs 1 . 1 ; 3 . 1 ; and 9 . 1 ( a ) of that certain "AGREEMENT BETWEEN INDIAN RIVER COUNTY AND COALITION FOR ATTAINABLE HOMES , INC . FOR DONATION OF SURPLUS COUNTY OWNED LANDS " by and between Grantor and Grantee ( therein styled "Applicant " ) dated as of June 2 , 2009 , a complete copy of which is on file with the office of the Clerk to the Indian River County Board of County Commissioners . ] 1 . 1 . Applicant shall construct and complete , through the receipt of a Certificate of Occupancy , one single family residence on 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 all 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 , and either of the foregoing occur while Applicant is still the owner of the Lots , 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 . 9 . 1 . Applicant acknowledges that the County is donating the Lots pursuant to Florida Statutes section 125 . 379 for the construction of permanent affordable 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 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 ; THIS INSTRUMENT PREPARED BY MARIAN E . FELL , SENIOR ASSISTANT COUNTY ATTORNEY RETURN TO : COUNTY ATTORNEY' S OFFICE C (DPY Parcel ID Number : 33- 39 - 22 -00007 -0090-00009 . 0 11 I COUNTY DEED THIS COUNTY DEED made and executed this 91h day of June , 2009 , by Indian River County , a political subdivision of the State of Florida , whose mailing address is 1801 27th Street , Vero Beach , FL 32960 , hereinafter called "Grantor" or "County" to Coalition for Attainable Homes , Inc . , a Florida Not-for- Profit corporation , whose address is 1717 Indian River Blvd . , Suite 301 , Vero Beach , FL 32960 , hereinafter called "Grantee" : WITNESSETH : WHEREAS , Indian River County as Grantor , pursuant to the requirements of Section 125 . 379 Florida Statutes , prepared a list of County-owned land appropriate for the provision of affordable housing ; and WHEREAS , Indian River County as Grantor , on June 19 , 2007 , following a duly noticed public hearing , adopted Resolution 2007 -068 , finding that certain County-owned parcels , as set forth therein , were appropriate for the provision of affordable housing ; and WHEREAS , Indian River County as Grantor agreed to donate the parcels to non - profit housing organizations for the construction of homes for very- low- income and low- income households ; and WHEREAS , Grantee is a Florida non - profit corporation and a corporation organized exclusively for charitable , religious , literary , scientific , and educational purposes as set forth in section 501 (c) ( 3 ) of the Internal Revenue Code of 1986 , as amended ("Section 501 ( c) ( 3 ) Entity" ) , and specifically organized for the purpose of building homes for very- low- income and low- income households ; and WHEREAS , Grantee has formally requested that Indian River County as Grantor donate the land conveyed herein to Grantee for the construction of homes for very- low- income and low- income households ; and WHEREAS , Grantee acknowledges and agrees that this Deed contains restrictive covenants running with the land conveyed herein . NOW THEREFORE , Grantor , for and in consideration of the sum of TEN AND NO/ 100 DOLLARS ( $ 10 . 00) , and other valuable consideration , receipt whereof is hereby acknowledged , by these presents has granted , bargained , and sold to Grantee , its successors and assigns , forever , the following described lands lying and being in Indian River County , Florida and more specifically described in Exhibit A attached hereto and made a part hereof and hereinafter referenced as the " Lot" : SUBJECT TO restrictions , reservations , covenants and easements of record , if any , to the extent that the same are valid and enforceable , and to taxes subsequent to December 31 , 2009 , and 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 COALITION FOR ATTAINABLE HOMES , INC . FOR DONATION OF SURPLUS COUNTY OWNED LANDS" by and between Grantor and Grantee (therein styled "Applicant" ) dated as of 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 1 t � 30 0 15 30 60 LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 22 , TOWNSHIP 32 SOUTH , RANGE 39 EAST , INDIAN GRAPHIC SCALE ( IN FEET ) 0 RIVER COUNTY , FLORIDA , MORE PARTICULARLY 1 inch = 30 ft . DESCRIBED AS FOLLOWS : LOT 9 , BLOCK 9 , ACCORDING TO THE PLAT OF SMITH PLAZA , PLAT BOOK 1 , PAGE 18 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY , FLORIDA . E NOW LYING IN INDIAN RIVER COUNTY , FLORIDA . LOT 8 Z LOT 19 CONTAINING 6 , 500 SQUARE FEET , MORE OR LESS , IMPROVED O UNIMPROVED OR 0 . 15 ACRES . Z ^ O NOTES w 1 . THIS SKETCH AND DESCRIPTION IS NOT VALID CK > > WITHOUT THE SIGNATURE AND RAISED SEAL OF THE ' FLORIDA REGISTERED SURVEYOR AND MAPPER 0 _ NAMED HEREON . .� E 2 . THIS SKETCH AND DESCRIPTION MEETS OR w 7 6 EXCEEDS ALL APPLICABLE REQUIREMENTS AS ESTABLISHED IN CHAPTER 61G17 - 6 , FLORIDA - LOT 20 ADMINISTRATIVE CODE . W 0 0 9 UNIMPROVED 3 , THIS SKETCH AND DESCRIPTION AND ADJOINING > A PARCELS MAY BE SUBJECT TO EASEMENTS , ' RESTRICTIONS , OR RIGHT - OF - WAYS NOT SHOWN 0 N P r AND MAY BE FOUND IN THE PUBLIC RECORDS . M z 4 . THIS SKETCH AND DESCRIPTION DOES NOT rj REPRESENT A FIELD SURVEY . EXISTING PROPERTY CONDITIONS OR FEATURES ARE NOT SHOWN . I m LEGEND & ABBREVIATIONS LOT 10 LOT 11 LOT 21 P . B . = PLAT BOOK IMPROVED UNIMPROVED UNIMPROVED PG . = PAGE R / W = RIGHT - OF - WAY O . R . B . = OFFICIAL RECORD BOOK 'x CERTIFICATION 47TH STREET = SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE k7 E Z-� THIS IS NOT A BOUNDARY SURVEY MICHAEL O ' BRIEN P . S . M . , C . F . M . DATE SKETCH TO ACCOMPANY LEGAL DESCRIPTION ; FLORIDA REGISTRATION NO . 6118 PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT INDIAN RIVER COUNTY SURVEYOR R� y� DRAWN BY: SECTION 22 SHEEN NDIAN RIVER COUNTY ADMINISTRATION BUILDING INDIANR/VER COUNTY B. ROACH SKETCHAND 17�,S'CRIPTION OF 1601 27TH STREET O DEPARTMENTOFPUBLICWORKS APPROVED BY: TOWNSHIP 32S LOT 9, BLOCK 1 VERO BEACH . FL 32960 LYa ( 772 ) 567 - 6000 �'coR ,oP ENGINEERING DIVISION M. OBRIEN. RANGE _J9E SiLIlTN PLAZA SUBDIVISION OF 1 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 units constructed on the Lot : For the purposes of this Deed , the Lot as improved with the single family residential dwelling is herein referenced as " Property" : 1 . Use of Property . The Property shall be used solely for residential purposes . The Property 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 . " Purchased " means by sale , court order , or other legal method of transfer or acquisition ; provided , however, that the Restrictions set forth in paragraphs 4 , 5 , 61 7 , and 8 shall be applicable to the inheritance of the Property by heirs of a Purchaser (who has previously satisfied the criteria set forth below) . 2 . 2 " Purchaser" means the natural person who has or natural persons who have : ( a ) Purchased the Property 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 principal mortgage payments , including taxes and insurance , 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 ) 3 . Purchase of Property . The Property shall be Purchased only by Purchasers who meet the criteria set forth hereinbelow . 3 . 1 . The Purchase price of the Property , for all sales and resales of the Property, must be Affordable ( as defined herein ) to the new Purchaser . The Purchaser shall have monthly mortgage payments that are Affordable ( as defined herein ) . 3 . 2 . The Property may not be Purchased by a Purchaser whose household Adjusted Gross Income exceeds the thresholds set forth in Florida Statutes section 420 . 004 for Very- Low- Income or Low- Income households . 4 . Maintenance of Property . Purchaser shall maintain the exterior of the single family residential dwelling located on the Lot in good repair , including , but not limited to , painting , landscaping and lawn maintenance , as necessary . Purchaser shall maintain the Property 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 or the Property , the maintenance obligations set forth herein are binding on Grantee . 2 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 Indian River County , Florida . IN WITNESS WHEREOF , the Grantor has caused this Deed to be executed in its name by its Board of County Commissioners , acting by the Chairman of such Board , the day and year aforesaid . INDIAN RIVER COUNTY Attest : J . K. Barton , Clerk By AAA By �i- Deputy Clerk Wesley S . 6avis , Chairman BCC approval date June 9 , 2009 ACCEPTED : COALITION FOR ATTAINABLE HOMES , INC . By Tom Tierney , Chairman Dated f f� F Fi0 � r@r r t wF Y, AAA b , AAA A 1. AAA nf .. ... , . AAA ` AAA �.� I \i f ` !. 11\� I- t, 3 EXHIBIT B [ paragraphs 1 . 1 ; 3 . 1 ; and 9 . 1 ( a ) of that certain "AGREEMENT BETWEEN INDIAN RIVER COUNTY AND COALITION FOR ATTAINABLE HOMES , INC . FOR DONATION OF SURPLUS COUNTY OWNED LANDS " by and between Grantor and Grantee ( therein styled "Applicant " ) dated as of June 2 , 2009 , a complete copy of which is on file with the office of the Clerk to the Indian River County Board of County Commissioners . ] 1 . 1 . Applicant shall construct and complete , through the receipt of a Certificate of Occupancy , one single family residence on 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 all 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 , and either of the foregoing occur while Applicant is still the owner of the Lots , 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 . 9 . 1 . Applicant acknowledges that the County is donating the Lots pursuant to Florida Statutes section 125 . 379 for the construction of permanent affordable 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 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 ; Full Legal Description for Parcel 32392200007009000009 . 0 Page 1 of 1 Parcel : 32392200007009000009 . 0 Full Legal Description SMITH PLAZA SUB BLK 9 LOT 9 PBI 1 - 18 print close EXHIBIT ® i, � s htti) : //www . ircpa . org/Tools/FuliLegal . aspx ?Parce ] ID =32392200007009000009 . 0 6/24/2009 EXHIBIT B 1 . 1 . Applicant shall construct and complete , through the receipt of a Certificate of Occupancy , one single family residence on 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 all 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 , and either of the foregoing occur while Applicant is still the owner of the Lots , 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 . 9 . 1 . Applicant acknowledges that the County is donating the Lots pursuant to Florida Statutes section 125 . 379 for the construction of permanent affordable 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 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 . THIS INSTRUMENT PREPARED BY MARIAN E . FELL , SENIOR ASSISTANT COUNTY ATTORNEY RETURN TO : COUNTY ATTORNEY' S OFFICE C (DPY Parcel ID Number : 33- 39 - 22 -00007 -0090-00009 . 0 11 I COUNTY DEED THIS COUNTY DEED made and executed this 91h day of June , 2009 , by Indian River County , a political subdivision of the State of Florida , whose mailing address is 1801 27th Street , Vero Beach , FL 32960 , hereinafter called "Grantor" or "County" to Coalition for Attainable Homes , Inc . , a Florida Not-for- Profit corporation , whose address is 1717 Indian River Blvd . , Suite 301 , Vero Beach , FL 32960 , hereinafter called "Grantee" : WITNESSETH : WHEREAS , Indian River County as Grantor , pursuant to the requirements of Section 125 . 379 Florida Statutes , prepared a list of County-owned land appropriate for the provision of affordable housing ; and WHEREAS , Indian River County as Grantor , on June 19 , 2007 , following a duly noticed public hearing , adopted Resolution 2007 -068 , finding that certain County-owned parcels , as set forth therein , were appropriate for the provision of affordable housing ; and WHEREAS , Indian River County as Grantor agreed to donate the parcels to non - profit housing organizations for the construction of homes for very- low- income and low- income households ; and WHEREAS , Grantee is a Florida non - profit corporation and a corporation organized exclusively for charitable , religious , literary , scientific , and educational purposes as set forth in section 501 (c) ( 3 ) of the Internal Revenue Code of 1986 , as amended ("Section 501 ( c) ( 3 ) Entity" ) , and specifically organized for the purpose of building homes for very- low- income and low- income households ; and WHEREAS , Grantee has formally requested that Indian River County as Grantor donate the land conveyed herein to Grantee for the construction of homes for very- low- income and low- income households ; and WHEREAS , Grantee acknowledges and agrees that this Deed contains restrictive covenants running with the land conveyed herein . NOW THEREFORE , Grantor , for and in consideration of the sum of TEN AND NO/ 100 DOLLARS ( $ 10 . 00) , and other valuable consideration , receipt whereof is hereby acknowledged , by these presents has granted , bargained , and sold to Grantee , its successors and assigns , forever , the following described lands lying and being in Indian River County , Florida and more specifically described in Exhibit A attached hereto and made a part hereof and hereinafter referenced as the " Lot" : SUBJECT TO restrictions , reservations , covenants and easements of record , if any , to the extent that the same are valid and enforceable , and to taxes subsequent to December 31 , 2009 , and 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 COALITION FOR ATTAINABLE HOMES , INC . FOR DONATION OF SURPLUS COUNTY OWNED LANDS" by and between Grantor and Grantee (therein styled "Applicant" ) dated as of 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 1 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 units constructed on the Lot : For the purposes of this Deed , the Lot as improved with the single family residential dwelling is herein referenced as " Property" : 1 . Use of Property . The Property shall be used solely for residential purposes . The Property 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 . " Purchased " means by sale , court order , or other legal method of transfer or acquisition ; provided , however, that the Restrictions set forth in paragraphs 4 , 5 , 61 7 , and 8 shall be applicable to the inheritance of the Property by heirs of a Purchaser (who has previously satisfied the criteria set forth below) . 2 . 2 " Purchaser" means the natural person who has or natural persons who have : ( a ) Purchased the Property 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 principal mortgage payments , including taxes and insurance , 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 ) 3 . Purchase of Property . The Property shall be Purchased only by Purchasers who meet the criteria set forth hereinbelow . 3 . 1 . The Purchase price of the Property , for all sales and resales of the Property, must be Affordable ( as defined herein ) to the new Purchaser . The Purchaser shall have monthly mortgage payments that are Affordable ( as defined herein ) . 3 . 2 . The Property may not be Purchased by a Purchaser whose household Adjusted Gross Income exceeds the thresholds set forth in Florida Statutes section 420 . 004 for Very- Low- Income or Low- Income households . 4 . Maintenance of Property . Purchaser shall maintain the exterior of the single family residential dwelling located on the Lot in good repair , including , but not limited to , painting , landscaping and lawn maintenance , as necessary . Purchaser shall maintain the Property 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 or the Property , the maintenance obligations set forth herein are binding on Grantee . 2 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 Indian River County , Florida . IN WITNESS WHEREOF , the Grantor has caused this Deed to be executed in its name by its Board of County Commissioners , acting by the Chairman of such Board , the day and year aforesaid . INDIAN RIVER COUNTY Attest : J . K. Barton , Clerk By AAA By �i- Deputy Clerk Wesley S . 6avis , Chairman BCC approval date June 9 , 2009 ACCEPTED : COALITION FOR ATTAINABLE HOMES , INC . By Tom Tierney , Chairman Dated f f� F Fi0 � r@r r t wF Y, AAA b , AAA A 1. AAA nf .. ... , . AAA ` AAA �.� I \i f ` !. 11\� I- t, 3 Full Legal Description for Parcel 32392200007009000009 . 0 Page 1 of 1 Parcel : 32392200007009000009 . 0 Full Legal Description SMITH PLAZA SUB BLK 9 LOT 9 PBI 1 - 18 print close EXHIBIT ® i, � s htti) : //www . ircpa . org/Tools/FuliLegal . aspx ?Parce ] ID =32392200007009000009 . 0 6/24/2009 EXHIBIT B 1 . 1 . Applicant shall construct and complete , through the receipt of a Certificate of Occupancy , one single family residence on 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 all 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 , and either of the foregoing occur while Applicant is still the owner of the Lots , 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 . 9 . 1 . Applicant acknowledges that the County is donating the Lots pursuant to Florida Statutes section 125 . 379 for the construction of permanent affordable 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 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 .