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HomeMy WebLinkAbout2009-166 1 THIS INSTRUMENT PREPARED BY GEORGE GLENN , ASSISTANT COUNTY ATTORNEY RETURN TO : COUNTY ATTORNEY ' S OFFICE Parcel ID Number : 32 - 39 -26 - 00010 - 0080- 00110 . 0 .?oma 1 • lG � 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 1 THIS INSTRUMENT PREPARED BY GEORGE GLENN , ASSISTANT COUNTY ATTORNEY RETURN TO : COUNTY ATTORNEY ' S OFFICE Parcel ID Number : 32 - 39 -26 - 00010 - 0080- 00110 . 0 .?oma 1 • lG � 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 6 , 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 By D �s Deputy Clerks Peter D . O ' Bir-bn; C " rman BCC approval date : Juane 9 , 2009 ACCEPTED : COALITION FOR ATTAINABLE HOMES , INC . By AS T� �- � ;0i`ji Tom Tierney , Chairman A t e � E I, 9 � S�t Dated 3 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 6 , 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 ' LEGAL DESCRIPTION 30 0 15 30 60 A PARCEL OF LAND LYING IN SECTION 26 , TOWNSHIP 32 SOUTH , RANGE 39 EAST , INDIAN RIVER COUNTY $ FLORIDA , MORE PARTICULARLY DESCRIBED AS FOLLOWS : GRAPHIC SCALE ( IN FEET) 1 inch = 30 ft. LOT 110 , BLOCK 8 , ACCORDING TO THE PLAT OF W . E . GEOFFREY ' S SUBDIVISION , PLAT BOOK 2 , PAGE 32 OF 38TH PLACE ( 50 ' RAW ) x THE PUBLIC RECORDS OF ST . LUCIE COUNTY , FLORIDA . a NOW LYING IN INDIAN RIVER COUNTY , FLORIDA . CONTAINING 5 , 350 SQUARE FEET , MORE OR LESS , OR - 0 . 12 ACRES . E NOTES W • E • Cl ISION ` P . B . 22 COUNTY 1 . THIS SKETCH AND DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER _ NAMED HEREON , LOT 109 LOT 111 ; 2 . THIS SKETCH AND DESCRIPTION MEETS OR \ EXCEEDS ALL APPLICABLE REQUIREMENTS AS ESTABLISHED IN CHAPTER 611317 - 6 , FLORIDA 1 6 ADMINISTRATIVE CODE . 0 qqm 3 . THIS SKETCH AND DESCRIPTION AND ADJOINING — 6 PARCELS MAY BE SUBJECT TO EASEMENTS , 0 8 — 0 1 . 0 RESTRICTIONS , OR RIGHT — OF— WAYS NOT SHOWN W s AND MAY BE FOUND IN THE PUBLIC RECORDS . Z V 4 , THIS SKETCH AND DESCRIPTION DOES NOT Q IMPROVED P 0 UNIMPROVED € REPRESENT A FIELD SURVEY . EXISTING PROPERTY CONDITIONS OR FEATURES ARE NOT SHOWN . 2 E LEGEND & ABBREVIATIONS °' - P . B . = PLAT BOOK PC , — PAGE LOT 124 LOT 123 LOT 122 R /W = RIGHT — OF— WAY IMPROVED IMPROVED IMPROVED O . R . B . = OFFICIAL RECORD BOOK s x CERTIFICATION SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE THIS IS NOT A BOUNDARY SURVEY MICHAEL O ' BRIEN P . S . M . , C . F . M . DATE SKETCH TO ACCOMPANY LEGAL DESCRIPTION FLORIDA REGISTRATION N0 , 6118 INDIAN RIVER COUNTY SURVEYOR PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT NDIAN RIVER COUNTY ADMINISTRATION BUILDING � �� INDL4jVRlVERCOUNTY DRAWN BY: SECTION 26 SHEET 1801 27TH STREET B. ROACH SKETCHAND DESCRIPTION OF DEPARTMENT OFPUBLIC WORKS VERO BEACH , FL 32960 APPROVED BY: TOWNSHIP 325 LOT 110, BLOCK B (772) 567-8000 � ,o�� ENGINEFRINGDA1ISION M. 0BRIEN RANGE 39E WE GEOFFREYSSUBDMSION j 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 ; 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 By D �s Deputy Clerks Peter D . O ' Bir-bn; C " rman BCC approval date : Juane 9 , 2009 ACCEPTED : COALITION FOR ATTAINABLE HOMES , INC . By AS T� �- � ;0i`ji Tom Tierney , Chairman A t e � E I, 9 � S�t Dated 3 0q THIS INSTRUMENT PREPARED BY C (D MARIAN E . FELL , SENIOR ASSISTANT COUNTY ATTORNEY RETURN TO : COUNTY ATTORNEY' S OFFICE Parcel ID Number : 33- 39 -2 & 00010-0080-00110 . 0 COUNTY DEED THIS COUNTY DEED made and executed this 9th 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 verydow- 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 verydow- 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 , 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 ' LEGAL DESCRIPTION 30 0 15 30 60 A PARCEL OF LAND LYING IN SECTION 26 , TOWNSHIP 32 SOUTH , RANGE 39 EAST , INDIAN RIVER COUNTY $ FLORIDA , MORE PARTICULARLY DESCRIBED AS FOLLOWS : GRAPHIC SCALE ( IN FEET) 1 inch = 30 ft. LOT 110 , BLOCK 8 , ACCORDING TO THE PLAT OF W . E . GEOFFREY ' S SUBDIVISION , PLAT BOOK 2 , PAGE 32 OF 38TH PLACE ( 50 ' RAW ) x THE PUBLIC RECORDS OF ST . LUCIE COUNTY , FLORIDA . a NOW LYING IN INDIAN RIVER COUNTY , FLORIDA . CONTAINING 5 , 350 SQUARE FEET , MORE OR LESS , OR - 0 . 12 ACRES . E NOTES W • E • Cl ISION ` P . B . 22 COUNTY 1 . THIS SKETCH AND DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER _ NAMED HEREON , LOT 109 LOT 111 ; 2 . THIS SKETCH AND DESCRIPTION MEETS OR \ EXCEEDS ALL APPLICABLE REQUIREMENTS AS ESTABLISHED IN CHAPTER 611317 - 6 , FLORIDA 1 6 ADMINISTRATIVE CODE . 0 qqm 3 . THIS SKETCH AND DESCRIPTION AND ADJOINING — 6 PARCELS MAY BE SUBJECT TO EASEMENTS , 0 8 — 0 1 . 0 RESTRICTIONS , OR RIGHT — OF— WAYS NOT SHOWN W s AND MAY BE FOUND IN THE PUBLIC RECORDS . Z V 4 , THIS SKETCH AND DESCRIPTION DOES NOT Q IMPROVED P 0 UNIMPROVED € REPRESENT A FIELD SURVEY . EXISTING PROPERTY CONDITIONS OR FEATURES ARE NOT SHOWN . 2 E LEGEND & ABBREVIATIONS °' - P . B . = PLAT BOOK PC , — PAGE LOT 124 LOT 123 LOT 122 R /W = RIGHT — OF— WAY IMPROVED IMPROVED IMPROVED O . R . B . = OFFICIAL RECORD BOOK s x CERTIFICATION SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE THIS IS NOT A BOUNDARY SURVEY MICHAEL O ' BRIEN P . S . M . , C . F . M . DATE SKETCH TO ACCOMPANY LEGAL DESCRIPTION FLORIDA REGISTRATION N0 , 6118 INDIAN RIVER COUNTY SURVEYOR PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT NDIAN RIVER COUNTY ADMINISTRATION BUILDING � �� INDL4jVRlVERCOUNTY DRAWN BY: SECTION 26 SHEET 1801 27TH STREET B. ROACH SKETCHAND DESCRIPTION OF DEPARTMENT OFPUBLIC WORKS VERO BEACH , FL 32960 APPROVED BY: TOWNSHIP 325 LOT 110, BLOCK B (772) 567-8000 � ,o�� ENGINEFRINGDA1ISION M. 0BRIEN RANGE 39E WE GEOFFREYSSUBDMSION j 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 By Deputy Clerk Wesley S . avis , Chairman BCC approval date June 9 2009 ACCEPTED : COALITION FOR ATTAINABLE HOMES , INC . By Tom Tierney , Chairman Datedi % tffikl Al FELL 3 Full Legal Description for Parcel 3239260001O00800O110 . 0 Page* 1 of 1 Parcel : 32392600010008000110 . 0 Full Legal Description W E GEOFFREYS SUB BLK 8 LOT 110 PBI 2-32 print close [ EXHIBIT htti) : //www . ircpa . org/Tools/FuIlLegal . aspx ?ParcelID= 32392600010008000110 . 0 6/24/2009 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 ; 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 . 0q THIS INSTRUMENT PREPARED BY C (D MARIAN E . FELL , SENIOR ASSISTANT COUNTY ATTORNEY RETURN TO : COUNTY ATTORNEY' S OFFICE Parcel ID Number : 33- 39 -2 & 00010-0080-00110 . 0 COUNTY DEED THIS COUNTY DEED made and executed this 9th 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 verydow- 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 verydow- 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 , 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 By By Deputy Clerk Wesley S . avis , Chairman BCC approval date June 9 2009 ACCEPTED : COALITION FOR ATTAINABLE HOMES , INC . By Tom Tierney , Chairman Datedi % tffikl Al FELL 3 Full Legal Description for Parcel 3239260001O00800O110 . 0 Page* 1 of 1 Parcel : 32392600010008000110 . 0 Full Legal Description W E GEOFFREYS SUB BLK 8 LOT 110 PBI 2-32 print close [ EXHIBIT htti) : //www . ircpa . org/Tools/FuIlLegal . aspx ?ParcelID= 32392600010008000110 . 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 .