HomeMy WebLinkAbout2009-167 � A . 1
AGREEMENT BETWEEN INDIAN RIVER COUNTY
AND
HABITAT FOR HUMANITY , INC .
FOR
DONATION OF SURPLUS COUNTY OWNED LANDS
This Agreement for Donation of Surplus County- Owned Lands ( "Agreement" ) is made
and entered as of this 2nd day of June , 2009 ( " Effective Date " ) , by and between Indian River
County , a political subdivision of the State of Florida ( " County' ) , and Habitat for Humanity ,
Inc . , a Florida not-for- profit corporation ( "Applicant" ) .
BACKGROUND RECITALS :
WHEREAS , County , 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 , County , on June 19 , 2007 , following a duly noticed public hearing ,
adopted Resolution 2007 - 0681 finding that ten ( 10 ) County-owned parcels , as set forth
therein , were appropriate for the provision of affordable housing ; and
WHEREAS , County 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 , Applicant 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 , Applicant has formally requested that the County donate the parcels
shown in Exhibit A attached hereto and made a part hereof ( each such parcel herein
referenced as a " Lot" ) to Applicant for the construction of homes for very- low- income and low-
income households .
NOW , THEREFORE , for good and valuable consideration , the receipt and sufficiency
of which is hereby acknowledged , County and Applicant agree as follows :
ARTICLE 1 GENERAL REQUIREMENTS
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 .
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1 . 2 . With respect to the Lots , Applicant shall , consistent with SHIP program Rule 63- 37 ,
Florida Administrative Code ( " FAC " ) verify the income of all original and subsequent
applicants/ buyers and qualify only those applicants whose incomes conform to SHIP
approved low- income or very- low- income household criteria .
1 . 3 . The sale price of each original home to be built on any Lot shall not exceed 2 . 5 times
the County' s median household income ( Indian River County' s current 2008 median
household income is $ 57 , 000 . 00 ) . Applicant covenants to obtain from the County' s Project
Manager , or his designee , the new median income applicable to succeeding calendar years
for the term of this Agreement .
1 . 4 . Each home built on a Lot must be sold to a very- low- income or low- income ( as such
terms are defined in Florida Statutes section 420 . 0004 ) household , and be an owner-
occupied unit . These homes shall not be used as rental property .
1 . 5 . By April 1 st of each year during the term of this Agreement , Applicant shall submit an
annual report to the County Community Development Department indicating progress on
utilization of the Lots . Once the homes are constructed , the annual report shall provide
information on occupancy of the units and any changes to the unit' s ownership .
1 . 6 . Applicant may encourage its applicants to apply for County SHIP or HOME program
down payment/closing cost and impact fee loan assistance at SHIP/ HOME application
acceptance times as advertised by the County . Applicant may also utilize the County' s
SHIP applicant list to find clients for homes .
1 . 7 . All appropriate building permits must be obtained for construction of housing units on
the Lots [each such Lot as improved with the residential dwelling herein referenced as
" Property" ] . County agrees to use its best efforts to expedite the review and permitting of
affordable housing units being built by Applicant .
1 . 8 . County shall convey each Lot to Applicant by Statutory County Deed containing
covenants running with the land /deed restrictions to ensure that each Lot and each Property
are permanently used for affordable housing , as such term is defined in Florida Statutes
section 420 . 0004( 3 ) , including , without limiting the generality of the foregoing , a reversionary
clause in favor of Indian River County as set forth herein . The sale and resale price of the
Property must be " affordable " to the new Very- Low- Income or Low- Income ( as such terms
are defined in Florida Statutes section 420 . 0004 ) purchaser . Therefore , the deed
restrictions will also prohibit any Property from being sold : ( a ) at a price that causes the
household ' s monthly housing cost ( principal , taxes , and insurance ) to exceed thirty percent
( 30 % ) 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 ) ; or ( b ) to a
buyer who is not eligible due to his or her household income exceeding the thresholds set
forth in Florida Statutes section 420 . 004 for Very- Low- Income or Low- Income households .
The Applicant shall pay the costs of: ( a ) documentary stamps on the deed of conveyance ,
and ( b ) recording the deed of conveyance .
1 . 9 . Applicant may , but shall not be obligated to , enter into a Shared Appreciation
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Agreement with purchasers of units to be built by Applicant on the Lots .
1 . 10 . Contemporaneously with the sale of the Property to a homeowner , Applicant may
obtain a " Right of First Refusal " to purchase the Property if the homeowner opts to sell the
Property ; provided that , upon exercise of such right , Applicant : ( a ) sells the Property to
another purchaser who meets the definition of very- low- income or low- income persons as
set forth in Florida Statutes section 420 . 0004 ; and ( b ) complies with the provisions of
paragraph 1 . 11 of this Agreement in connection with the sale to the new homeowner .
1 . 11 . Applicant acknowledges and agrees that ( a ) the Lots are , by statute , intended to be
used for the construction of permanent affordable housing ; ( b ) all prospective and actual
purchasers of homes to be built by Applicant on the Lots shall receive written information
and counseling concerning the deed restrictions on the Lots ; ( c ) all deeds conveying the
Lots and the Property shall specifically include the reference to the deed restrictions on the
Lots ; ( d ) Applicant has a continuing obligation to monitor sales and resales of each Property ;
( e ) the County must approve all subsequent sales and resales of each Property ; and (f) the
deed restrictions may be released only by a written instrument in recordable form , as more
specifically set forth in such deed .
1 . 12 . Applicant shall ensure that appropriately licensed persons , as applicable , construct or
supervise the construction of the housing units built on the Lots . Applicant shall hold County
harmless from any claim of lien filed under Chapter 713 , Florida Statutes by any contractor ,
subcontractor or any other person or entity performing work or supplying materials on behalf
of Applicant .
1 . 13 . Applicant expressly acknowledges and agrees that : ( a ) it has inspected the Lots and
accepts the same As Is , Where Is in the condition existing as of the Effective Date , together
with all defects , latent and patent , if any ; ( b ) County has made no representations or
warranties of any nature whatsoever regarding the Lots , including , without limitation , title ,
the physical conditions of the Lots ; any improvements located thereon ; the availability of
utilities ; or the suitability of the Lots for Applicant' s intended use ; ( c ) Applicant is entering
into this Agreement based on its own independent investigation of the Lots and has satisfied
itself as to the general and local conditions , particularly those bearing on the availability of
water , sewer , electric power , communications facilities , and road access ; and ( d ) the County
assumes no responsibility or obligation to provide any facilities of any nature whatsoever at
the Lots and /or in connection with the construction of the housing units to be constructed
thereon .
1 . 14 . Applicant expressly acknowledges and agrees that it shall be solely responsible to
obtain water , sewer , electric power , telephone , and television utilities for the Lots , including
any associated security deposit or initial set- up charges .
1 . 15 . Applicant acknowledges and agrees that is has the sole responsibility to pay any and
all ad valorem taxes levied or assessed against the Lots , while the Lots are owned by the
Applicant , including any special assessments imposed on or against the Lots and /or a
Property for the construction or improvement of public works , and shall pay the same when
due , unless exempt .
ARTICLE 2 DEFINITIONS
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2 . 1 . County and Applicant agree that the definitions in SHIP Program Rule 67 - 37 FAC ;
Florida Statutes Chapter 420 ; and the County' s Local Housing Assistance Plan , as any of
the foregoing are amended from time to time , apply to terms used in this Agreement . Any
term defined in the SHIP Program Rules and not otherwise defined in this Agreement shall
have the meaning set forth in said Statutes and Rules or amended by the State of Florida
through SHIP Program memorandums .
ARTICLE 3 COMPLIANCE WITH LAWS
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 .
3 . 2 . Applicant shall comply with all applicable Federal , State and local laws in its
performance under this Agreement , including , without limiting the generality of the foregoing ,
all regulations applicable to the SHIP Program found in Chapter 67 - 37 , FAC ; Section 420
Part VII , Florida Statutes ; and the Indian River County Local Housing Assistance Plan , as
any or all of the foregoing are amended from time to time .
3 . 3 Applicant understands and agrees that the use of the Lots must comply with all state
and local regulations applicable to construction of single-family residential dwellings .
3 . 4 The County and the Applicant acknowledge and agree that the clauses in this
Agreement with respect to reversion of the Lots are governed by the exception found in
Florida Statutes section 689 . 18 ( 5 ) : "Any and all conveyances of real property in this state
heretofore or hereafter made to any governmental , educational , literary , scientific , religious ,
public utility , public transportation , charitable or nonprofit corporation or association are
hereby excepted from the provisions of this section [ reverter or forfeiture provisions of
unlimited duration in the conveyance of real estate] . "
ARTICLE 4 PROJECT RECORDS
4 . 1 . Applicant covenants to maintain complete and accurate project records ; inspection
and monitoring reports ; and any other documentation necessary or required to assure
compliance with this Agreement (the foregoing herein collectively " Records " ) ; and to retain
all such Records for five years after the Certificate of Occupancy is issued for the last new
housing unit constructed under this Agreement . Applicant shall maintain and retain , at its
usual place of business , all required Records to demonstrate compliance with this
Agreement and the County' s Local Housing Assistance Plan . Records must be kept for
each Lot ; Property ; and each household assisted to demonstrate that each household
assisted is in compliance with County' s Local Housing Assistance Plan .
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ARTICLE 5 EVALUATION AND MONITORING
5 . 1 . Applicant agrees that County may carry out periodic monitoring and evaluation
activities as determined necessary by County . Applicant agrees to furnish information ,
reports , files , and Records upon request to County or its designees , and make copies and /or
transcriptions of such records and information , as is determined necessary by County .
5 . 2 . County , the State , or any of their duly authorized representatives , upon giving five ( 5 )
days notice to Applicant , shall at all times have the right and option to monitor , inspect ,
audit , and review Applicant' s compliance with this Agreement . All of the above mentioned
entities shall have the right to inspect any and all Records , books , documents , or papers of
Applicant in connection with this Agreement for the purpose of making audit examinations ,
excerpts , and transcriptions .
5 . 3 . Applicant agrees that continuation of this Agreement is dependent upon satisfactory
monitoring and evaluation of activities and timely completion of the project according to the
terms of this Agreement .
ARTICLE 6 NON - DISCRIMINATION CERTIFICATE
6 . 1 . In connection with its performance under this Agreement , Applicant certifies that no
person shall be excluded from participation in , be denied the benefits of , or be otherwise
subjected to discrimination in connection with , any application for purchase of the homes to
be built on the Lots because of race , creed , color , national origin , gender , familial status ,
handicap , religion , or age .
ARTICLE 7 INDEPENDENT CONTRACTOR
7 . 1 . It is specifically acknowledged and agreed by the parties hereto that the Applicant is
and shall be , in the performance of all activities under this Agreement , an independent
contractor , and not an employee , agent , or servant of the County . All persons engaged in
any of the activities or services performed pursuant to this Agreement shall at all times , and
in all places , be subject to the Applicant' s sole direction , supervision , and control , and in all
respects the Applicant ' s relationship and the relationship of its employees to the County
shall be that of an independent contractor performing solely under the terms of this
Agreement and not as employees , agents , or servants of the County .
ARTICLE 8 PUBLIC ENTITY CRIMES ; DISCLOSURE OF RELATIONSHIPS .
8 . 1 . Applicant certifies that it has complied with Paragraph ( 2 ) ( a ) of Section 287 . 133 ,
Florida Statutes , which states that a " person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid on
a contract to provide any goods or services to a public entity , may not submit a bid on
a
contract with a public entity for the construction or repair of a public building or public work ,
may not submit bids on leases of real property to a public entity , may not be awarded or
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perform work as a contractor , supplier , subcontractor , or consultant under a contract with
any public entity , and may not transact business with any public entity in excess of the
threshold amount provided in Section 287 . 017 , for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list" .
8 . 2 . Pursuant to Section 105 . 08 of The Code of Indian River County , prior to signing this
Agreement , the Applicant shall complete and return a duly notarized " Disclosure of
Relationships" statement in the form set forth on Exhibit " B " attached hereto and made a
part hereof .
ARTICLE 9 REMEDIES ; NO ASSIGNMENT
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 ;
( b ) Any other default by Applicant under this Agreement that remains uncured for 30
days following notice thereof from the County to the Applicant shall be cause for
the County to declare this Agreement in default and , thereafter , the Applicant shall
be removed from the lists of : ( i ) eligible recipients of , and may not apply for ,
donation of future surplus lots ; and ( ii ) eligible purchasers of future surplus lots , all
of the foregoing as contemplated to occur pursuant to Florida Statutes section
125 . 379 in 2010 .
9 . 2 . No Assignment . Applicant shall not in any manner , assign , transfer , mortgage , pledge ,
encumber , or otherwise convey an interest in this Agreement or any part hereof ( any one of
the foregoing events hereinafter referenced as an "Assignment" ) , without the prior written
consent of the County , which consent shall not be unreasonably delayed , conditioned , or
withheld . Any such attempted Assignment without County approval shall be null and void .
ARTICLE 10 MISCELLANEOUS
10 . 1 . This Agreement shall be construed according to the laws of the State of Florida
.
Venue for any lawsuit brought by either party against the other party or otherwise arising out
of this Agreement shall be in Indian River County , Florida , or , in the event of federal
jurisdiction , in the United States District Court for the Southern District of Florida .
10 . 2 . This Agreement incorporates and includes all prior and contemporaneous
negotiations , correspondence , conversations , agreements or understandings applicable to
the matters contained herein and the parties agree that there are no commitments ,
agreements , or understandings of any nature whatsoever concerning the subject matter
hereof that are not contained in this document . Accordingly , it is agreed that no deviation
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from the terms hereof shall be predicated upon any prior or contemporaneous
representations or agreements , whether oral or written . No alteration , change , or
modification of the terms of this Agreement shall be valid unless made in writing and signed
by the Applicant and the County .
10 . 3 . If any term or provision of this Agreement , or the application thereof to any person or
circumstance shall , to any extent , be held invalid or unenforceable for the remainder of this
Agreement , then the application of such term or provision to persons or circumstances other
than those as to which it is held invalid or unenforceable shall not be affected , and every
other term and provision of this Agreement shall be deemed valid and enforceable to the
extent permitted by law .
10 . 4 . The Applicant shall not pledge the County' s credit or make it a guarantor of payment
or surety for any contract , debt , obligation , judgment , lien , or any form of indebtedness .
10 . 5 . Except as otherwise expressly provided herein , each obligation in this Agreement to
be performed by Applicant shall survive the termination or expiration of this Agreement .
10 . 6 . The headings of the sections of this Agreement are for the purpose of convenience
only , and shall not be deemed to expand , limit , or modify the provisions contained in such
Sections . All pronouns and any variations thereof shall be deemed to refer to the
masculine , feminine or neuter , singular or plural , as the identity of the party or parties may
require . The terms " hereof " hereby" , " herein " , " hereto " , and similar terms , refer to this
Agreement
10 . 7 . If any legal action or other proceeding is brought for the enforcement of this
Agreement or because of an alleged dispute , breach , default , or misrepresentation in
connection with any provisions of this Agreement , each party shall bear its own costs .
10 . 8 . The Applicant shall comply with the applicable provisions of Chapter 119 , Florida
Statutes ( Public Records Law ) in connection with this Agreement .
10 . 9 , This Agreement may be executed in one or more counterparts , each of which shall be
deemed to be an original copy and all of which shall constitute but one and the same
instrument .
10 . 10 . The Background Recitals are true and correct and form a material part of this
Agreement .
10 . 11 . Any notices required or allowed hereunder shall be in writing and given by certified
mail , return receipt requested , or in person with proof of delivery , to the addresses below , or
such other address as either party shall have specified by written notice to the other party
delivered in accordance herewith :
APPLICANT : Andrew R . Bowler , Executive Director
Indian River Habitat for Humanity , Inc .
4568 N . U . S . Hwy 1 Vero Beach , FL 32967
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COUNTY : Robert M . Keating , AICP
Community Development Director and Project Manager
Indian River County
1801 27th Street Vero Beach , FL 32960
10 . 12 . The County and the Applicant mutually represent and warrant to each other that
there are no brokers involved in this transaction .
10 . 13 . Time shall be of the essence of the obligations of the parties under this Agreement
IN WITNESS WHEREOF , the parties hereto have caused this Agreement tp. be executed in
their respective names as of the date first set forth above .
Attest : J . K . Barton , Clerk INDIAN RIVER COUN ; `t
/ BOARD OF COUNTY COMMISSIONERS
By
Deputy Clerk
oe
esley S . Davis , C firman
BCC approval date : June 9 , 2009
;oseph
proved :
ad
A . Bair , County Adm ' nistrator
Ap. roved as to form and legal
su4icienc : ti
arian E . Fell
Senior Assistant County Attorney
WITNE f, S : HABITAT F R HUMANITY , INC .
sin � �P l By
g f r : Executive Director
print na i ✓ ti^� Andrew R . Bowler ,
sign Date :
print name 6 Flo 11N .
8
Parcel : 3 3 3 9 2 5 00006004000022 . 3
Full Legal Description
INDIAN RIVER FARMS CO SUB
IND RIV FARMS CO SUB PBS 2 - 25 N 70 FT OF
S 1130 FTOF W 125 FTOFE 135 FTOFW 10AOFE20AOF
TR 4 .
Parcel : 33392500006004000022 . 1
Full Legal Description
INDIAN RIVER FARMS CO SUB
IND RIV FARMS CO SUB PBS 2 -25 N 280 FT
OF 1060 FTOFW 125 FT OFE135FTOFW 10AOFE20A0
F TR 4 (OR BK 465 PP
970)
EXHIBIT A
Exhibit B . Disclosure of Relationships
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC
OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS .
This sworn statement is submitted with that certain Agreement for Donation of Surplus County.
Owned Lands .
1 . This sworn statement is submitted by : 1A10o4.v y
✓t � ggiT4T LoJ( fr' u •�r�9Ni ; y
(Name of entity submitting sworn statement)
whose business address is : 4956 t3 n/• us /y y , V 440, O S 4'4
and
(if applicable) its Federal Employer Identification Number ( FEIN ) is (0 5
2 . My name is ' ¢NDdes 4 R • 46 o w `- £ 'c
(Please print name of individual signing)
and my relationship to the entity named above is /'R 4C S io4t •N T /G 4E a
3 . 1 understand that an " affiliate" as defined in Section 105 . 08 , Indian River County Code ,
means :
The term "affiliate " includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in the management
of the entity.
4 . 1 understand that the relationship with a County Commissioner or County employee that
must be disclosed is as follows :
Father, mother, son, daughter, brother, sister, uncle, aunt, first
cousin, nephew, niece, husband, wife, father-in-law, mother-in.
law, daughter-in-law, son-in-law, brother4n4aw, sister-in-law,
stepfather, stepmother, stepson, stepdaughter, stepbrother,
stepsister, half brother, half sister, grandparent or grandchild.
5 . Based on information and belief, the statement which I have marked below is true in
relation to the entity submitting this sworn statement . [ Please indicate which statement
applies . ]
X Neither the entity submitting this sworn statement , nor any officers , directors ,
executives , partners , shareholders , employees , members , or agents who are active in
management of the entity , have any relationships as defined in Section 105 . 08 , Indian
River County Code , with any County Commissioner or County employee .
The entity submitting this sworn statement , or one or more of the officers , directors ,
executives , partners , shareholders , employees , members , or agents who are active
in management of the entity have the following relationships with a County
Commissioner or County employee :
Name of Affiliate Name of County Relationship
or Entity Commissioner or employee
1 .
2 .
I
4 .
5 .
6 .
7 .
8 .
(signature )
5�- zG - oq
( date)
STATE OF 0 /L l . �`✓
COUNTY OF �rly d r jjej 7 V r" C
The foregoing instrument was acknowledged before me this day 7of
11AA 1200t ( by � ) d y au& 6 GL ( 1C k �'Y es i f ril of
u who is ersonally known to me or
has produced is identification .
Notary Public JU444 - - eltte (affix seal )
M Commissi n Expires :
My ti�"Y pert 5U6AN E. REAVES
' * My COMMISS19N # DD 596051
` EXPIRES: November 16 , 2010
0r,T6 of F`oQc Bonded Thou Budget Notary Services