2-Request for Qualifications Package.pdf

2026025 Attainable Housing Trust Fund Rfq

Request for Qualifications

Project Name: Attainable Housing Trust Fund Services

RFQ #: 2026025

Pre-Bid Meeting time/location: N/A

SOQ Due Before 2:00 P.M.: October 9, 2026

All responses must be submitted through electronically through the Bonfire platform (https://indianriver.bonfirehub.com). Hard copy submittals are not accepted.

Unless otherwise noted, SOQs will be publicly opened in room B1-303, 1800 27th Street, Vero Beach, FL 32960, with only the names of submitting firms announced. A list of SOQs received will be posted in Public Documents on Euna Bonfire as soon as possible.

Initial screening, ranking, final ranking, and negotiations will be in accordance with the criteria specified within this solicitation. The Board of County Commissioners and Affordable Housing Assistance Committee reserve the right to accept or reject any and all submittals and to waive any and all informalities.

https://indianriver.bonfirehub.com/

Scope of Services

Background Indian River County has established an Attainable Housing Trust Fund (“Trust”), structured as a land acquisition, land banking, and for profit, and nonprofit disposition program. It is designed to advance the County’s attainable housing objectives while minimizing operational and financial risk.

Properties will be acquired into the Trust through various methods, including, but not limited to foreclosure, donation, surplus, and purchase under Code Enforcement Liens. Properties may be vacant, or have structures that require rehabilitation to become suitable for habitation.

On behalf of the Affordable Housing Assistance Committee (“AHAC”), statements of qualifications are being accepted from potential partners qualified to construct, improve, rehabilitate, maintain and oversee affordable housing units, each under a 50-year Land Use Restriction Agreement (“LURA”).

Potential partners may submit for prequalification for Rehabilitative Projects, New Construction Projects, or both. All costs for development, improvement, renovation and rehabilitation for each project will be paid and borne by the selected partner. Prequalification will be valid for a 5-year period, with the prequalification period re-opened annually to provide additional opportunities for new partners.

Scope of Work Partners will be required to:

♦ Provide funding for and oversee any necessary construction and rehabilitation to make the properties suitable for affordable housing

♦ Comply with pre-income qualification in compliance with State of Florida guidance in effect at the time of lease or sale as affordable housing

♦ Comply with rent limits established by the State of Florida in effect at the time of lease ♦ Make qualification and verification documentation available to the AHAC for review within 10 days, upon request.

As properties become available, eligible partners, in order of their final ranked order of preference by the committee, will be offered the opportunity to enter a LURA and convert the property to attainable housing. After the highest ranked partner has accepted a property, the next highest ranked partner will be offered the next available property, in round robin fashion. Should a partner decline an offered property, it will be offered to the next eligible partner, in rank order.

The following are attached at the end of this RFQ:

Attachment A: Indian River County Sample LURA

Submittal Instructions

Information to Be Submitted: SOQs shall be uploaded as a single, searchable pdf file, and organized as follows:

a. Entity overview, including legal structure, organization and management structure, range of services offered by entity, any active licenses, certifications, and registrations, and length of time active in affordable housing services.

b. Entity’s experience in developing, rehabilitating and managing affordable housing. For each project, indicate whether your entity performed rehabilitation/repair or new construction/development services.

c. Other governmental agency or non-profit references for similar work;

subconsultant/subcontractor references who will attest to quality of work and consistency of payment. For each reference, provide project name, start and end dates, location, partner agency, contact name, phone number, and email address. Contact information must be accurate to receive credit for reference.

d. Detail the sources and methods your entity will utilize to provide matching funds and finance affordable housing

There is no page limit, however, please consider the committee’s limited time and the need for SOQs to be concise. Images of licenses and certifications are not desired. Please provide only information relevant to the requested services. A single page cover letter may be included, but is not requested or required.

SOQs should not be marked “confidential”, “trade secret” or the like. Any information submitted that is exempt from disclosure, in accordance with Florida Statute, MUST be submitted as a separate file, and include the reference in Florida statute that authorizes the County to withhold that specific information from public record requests. The County reserves the right to not consider SOQs containing excessive exempt material, at the County’s sole interpretation. This includes submittals summarily marked as exempt, confidential, or the like.

Additional Required Forms and Information:

Respondents are instructed to complete and submit the following as attachments in Euna Bonfire, where indicated prior to the deadline for receipt of SOQs:

1. RFQ Compliance Certification

2. Sworn statement on Disclosure of Relationships as per Section 105.06 of the Indian River

County Code

3. Certification Regarding Prohibition Against Contracting with Scrutinized Companies

4. Certification regarding lobbying

5. Anti-Human Trafficking Affidavit

6. Foreign Entity Ownership Affidavit

7. W-9 dated within past six months

8. Audited financials cover the past two fiscal or calendar years (can be marked “confidential” if not a publicly traded company)

9. Current specimen certificate of insurance showing commercial general liability, auto liability, and worker’s compensation

Method of Selection: The AHAC shall convene to rate applications and give their recommendations to the Board of County Commissioners. Their responsibility shall be as follows:

a. Each Committee member shall independently review and evaluate each submittal by assigning a number of points for each criterion, as established in the solicitation. The total number of points for all criteria for each firm will be calculated.

b. As a "Committee of the whole", meet to reveal the combined ranking order of all Submittals meeting minimum qualifications. The ranking of firms shall be completed within the Euna Bonfire system in the following manner:

1. The total number of points received by each firm from all Committee members shall be totaled and divided by the number of Committee members, to produce an average score.

2. The firm receiving the highest average score shall be ranked the # 1 firm, and the process repeated until all firms have been ranked according to their average score.

3. In the event of a tie, the ranking of tied firms shall be determined by consensus scoring, based on discussion on the tied firms among the committee.

4. After the initial ranking is established, the Committee may discuss the scores and their reasons behind them, and each member may modify their ranking or scores of firms accordingly until the Committee is satisfied with the rankings.

5. If the Committee determines interviews are beneficial, after interviews, and based upon information learned during the interviews, each Committee member will rank the firms in order of preference and a consolidated final Committee ranking established.

6. The evaluation process shall continue until the Committee declares the rankings final. The final ranking and recommendation will be presented to the Board of County Commissioners.

c. The County may, solely at its own option, seek additional Submittals with this or a similar Submittal in the event the County, solely at its own option, determines that the quantity and/or quality of Submittals received is insufficient to meet the County's needs and/or that award of a contract arising from this RFQ would not be in the public interest.

Criteria for Award:

EVALUATION CRITERIA and SOQ section scored from

EVALUATION POINTS

MAXIMUM

1. Entity’s general qualifications (section a) 10

2. Qualifications and Experience providing Affordable Housing (section b) 30

3. Other agency and project partner references (section c) 25

4. Financial means to execute affordable housing projects (section d) 30

5. Compliance with RFQ instructions 5

TOTAL 100

General Terms and Conditions

By submitting an SOQ in response to this request, firm acknowledges the instructions and information provided herein.

Cone of Silence. Potential respondents and their agents must not communicate in any way with the Board of Commissioners, Affordable Housing Assistance Committee, County Administrator or any County staff other than Procurement personnel in reference or relation to this solicitation. This restriction is effective from the time of RFQ issue until the Board of County Commissioners meets to authorize final award. Such communication may result in disqualification.

Interpretations: All questions about the meaning or intent of the Request for Qualifications are to be submitted to the County through the Bonfire platform. Interpretations, modifications, responses, or clarifications considered necessary by County in reply to such questions will be issued by Addenda.

Only questions answered or changes made by Addenda will be binding. Oral and other interpretations, modifications, or clarifications will be without legal effect. All such Addenda shall become part of the RFQ and contract documents. Questions submitted less than 10 days prior to the deadline for receipt of SOQs may not be answered.

Submission: All SOQs and required documents must be submitted electronically via the Bonfire portal, prior to the closing date and time. Verbal, printed, emailed or faxed submissions will not be considered, nor will late submittals. The County will not reimburse any consultant for costs associated with preparation or submittal of an SOQ.

Public Record Exemption: Correspondence, materials, and documents received pursuant to this Request for Qualifications become public records subject to the provisions of Chapter 119, Florida Statutes. Should the Consultant assert any exemptions to the requirements of Chapter 119, Florida Statutes, and related statutes, the burden of establishing such exemption, by the way of injunctive or other relief as provided by law, shall be upon the Consultant.

SOQ Rejection: Failure to comply with all the enclosed instructions may result in rejection of the

SOQ.

Prohibition Against Considering Social, Political or Ideological Interests in Government Contracting: As provided in section 287.05701, Florida Statutes, as amended, the County may not request documentation of, or consider a Consultant's social, political, or ideological interests when determining if the Consultant is responsible, and may not give preference to a Consultant based on its social, political, or ideological interests.

Right to Protest: Any actual or prospective responding Consultant who is aggrieved in connection with a competitive selection process may protest to the Procurement Manager. The protest shall be submitted to the Procurement Manager in writing within five (5) calendar days after the consultant knows or should have known of the facts giving rise to the protest. If the protest is not resolved by mutual agreement, the Procurement Manager shall promptly issue a decision in writing, after consulting the using Department and the Office of the County Attorney.

Committee Meetings: Notice of committee meetings will be posted to the RFQ’s listing on the Bonfire portal. Any portion of a meeting pursuant to a competitive solicitation, at which negotiation strategies are discussed, a vendor makes an oral presentation, or answers questions as part of a competitive solicitation is exempt from the Public Meeting requirements in Chapter 286.011 (per Chapter 286.0113(1)(b)1).

Applicable Law and Venue: The resulting Agreement and all rights and duties of the parties hereto shall be governed by the laws of the State of Florida, including but not limited to the provisions of the Florida Uniform Commercial Code Chapters 671-679 F.S., for any terms and conditions not specifically stated within. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida.

Conflict of Interest: Any entity submitting a bid, proposal, or SOQ, or entering into a contract with the County shall disclose any relationship that may exist between the contracting entity and a County Commissioner or a County Employee. The relationship with a County Commissioner or a County Employee that must be disclosed is as follows: current county employee or commissioner, 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, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. The disclosure of relationships shall be a sworn statement made on a County-approved form. Failure to submit the form will be cause for rejection of the bid, proposal, or SOQ.

The following firm(s) are not permitted to participate on any Team, due to conflict of interest related to participation in the development of the project specifications and/or solicitation. Any SOQ submitted that includes a listed firm on their team will not be considered.

1. N/A

Public Entity Crimes: Pursuant to Florida Statutes Section 287.133(2)(a), all consultants are hereby notified 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, proposal, or reply on a contract to provide any goods or services to a public entity (defined as the State of Florida, any of its departments or agencies, or any political subdivision); may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or 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 Florida Statutes Section 287.017 for CATEGORY TWO [currently $35,000] for a period of 36 months from the date of being placed on the convicted vendor list. A "public entity crime" means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid, proposal, reply, or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

Foreign Ownership: By submittal of a response to this RFQ, Consultant attests is not owned by, does not have a principal place of business in, and is not established by the laws of, a foreign country of concern as defined in Section 287.138, Florida Statutes.

Suspension and Debarment: County will not make award to parties listed on the government-wide exclusions in the System for Award Management (SAM). The bidder/proposer/consultant agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder/proposer/consultant further agrees to include a provision requiring such compliance in its lower tier covered transactions. The bidder/proposer/consultant further agrees to include a provision requiring such compliance in its lower tier covered transactions. By submittal of its response to this solicitation, bidder/proposer/consultant asserts neither it nor its principals is presently debarred, suspended or proposed for debarment, declared ineligible, or voluntarily excluded from participation in this work by any Federal department or agency. For work funded by federal grant, bidder/proposer/consultant is required to have an active registration with the System for Award Management (SAM) (https://www.sam.gov) prior to execution of the agreement.

Scrutinized Companies Lists: The Consultant certifies that it and those related entities of Consultant as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, Consultant certifies that it and those related entities of respondent as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. The County may terminate this Contract if Consultant is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. County may terminate this Contract if Consultant, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes.

Accordingly, firms responding to this solicitation shall return with their response an executed copy of the attached “Certification Regarding Prohibition Against Contracting With Scrutinized Companies.”

Failure to return this executed form with submitted bid/proposal/statement of qualifications will result in the response being deemed non-responsive and eliminated from consideration.

Non-Discrimination: County will not knowingly do business with vendors or contractors who discriminate on the basis of race, color or national origin, sex, sexual orientation, gender identity, age and/or disability. Through the course of providing services to the County, Contractors shall affirmatively comply with all applicable provisions of Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other applicable regulations, guidelines and standards. Any person who believes their rights have been violated should report such discrimination to the County’s Title VI/Nondiscrimination Coordinator through the office of the County Attorney.

No Coercion: Consultant attests it does not use coercion for labor or services.

E-Verify: Consultant must be registered with and use, at their sole expense, the Department of Homeland Security’s E-Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees, as required by Section 448.095, F.S. County, consultant, and subconsultants may not enter into a contract unless each party to the contract registers with and uses the E-Verify https://www.sam.gov/ http://www.e-verify.gov/ system. Consultant is responsible for obtaining proof of E-Verify registration for all subconsultants.

This requirement applies to any provider of services or goods.

Assignment/Delegation: No right, obligation or interest in an awarded Agreement may be assigned or delegated by the Consultant without prior written consent of the County, without prejudice to County’s other rights and remedies.

Indemnification: The Consultant shall indemnify and hold harmless the County and its commissioners, officers, employees and agents, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of the contract.

Records/Audit: The Consultant shall maintain books, records and documents pertinent to performance under this Invitation and any resulting Agreement in accordance with generally accepted accounting principles consistently applied. The County and the Florida Office of the Inspector General shall have inspection and audit rights to such records for audit purposes during the term of the contract and for three years following the termination of obligations hereunder. Records which relate to any litigation, appeals or settlements of claims arising from performance under this work or purchase shall be made available until a final disposition has been made of such litigation, appeals, or claims.

Public Access: The Consultant shall allow public access to all documents and materials in accordance with the provisions of Chapter 119, Florida Statutes.

Domestic Preference for Procurement: In accordance with 2 CFR 200.322, County will extend a preference for the purchase, acquisition or use of goods, products or materials produced in the United States (including, but not limited to iron, aluminum, steel, cement and other manufactured products), to the maximum extent practicable.

Insurance:

• Owners and Contractors Insurance: The Consultant shall not commence work until they have obtained all the insurance required under this section, and until such insurance has been approved by the owner, nor shall the contractor allow any subcontractor to commence work until the subcontractor has obtained the insurance required for a contractor herein and such insurance has been approved unless the subcontractor’s work is covered by the protections afforded by the Contractor’s insurance.

• Worker’s Compensation Insurance: The Consultant shall procure and maintain worker’s compensation insurance to the extent required by law for all their employees to be engaged in work under this contract. In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker’s compensation statute, the Consultant shall provide adequate coverage for the protection of such employees.

• Public Liability Insurance: The Consultant shall procure and maintain broad form commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below. The owner shall be an additional named insured on this insurance with respect to all claims arising out of the operations or work to be performed.

Commercial General (Public) Liability, other than Automobile

$1,000,000.00 Combined single limit for Bodily Injury and Property Damage

Commercial General Premises / Operations Independent Contractors Products / Completed Operations Personal Injury Contractual Liability Explosion, Collapse, and Underground Property Damage

Automobile

$1,000,000.00 Combined single limit Bodily Injury and Damage

Liability

Owner Leased Automobiles Non-Owned Automobiles Hired Automobiles Owned Automobiles

Professional Liability Insurance $1,000,000 per occurrence $2,000,000 aggregate combined single limit $5,000 maximum deductible per claim

• Proof of Insurance: The Consultant shall furnish the owner a certificate of insurance in a form acceptable to the owner for the insurance required. Such certificate or an endorsement provided by the contractor must state that the owner will be given thirty (30) days written notice prior to cancellation or material change in coverage. Copies of an endorsement-naming owner as Additional Insured must accompany the Certificate of Insurance.

Note: Any and all special conditions attached hereto, which may vary from these General Conditions, shall have precedence.

End of General Terms and Conditions

Attachment A to RFQ 2026025

After Recording Return to:

Indian River County Community Services Department SHIP Program 1800 27th St, Bldg B Vero Beach, FL 32960

Parcel ID No(s).:

(SPACE ABOVE THIS LINE FOR RECORDING)

DECLARATION OF COVENANTS

AND RESTRICTIONS

and

LAND USE RESTRICTION AGREEMENT FOR DEVELOPMENT, PRESERVATION,

AND EXPANSION OF ATTAINABLE AND AFFORDABLE HOUSING

For

[Project Name]

THIS DECLARATION OF COVENANTS AND RESTRICTIONS and LAND USE RESTRICTION AGREEMENT, hereinafter referred to as the “LURA”, is entered into by and between Indian River County, Florida, a charter county and political subdivision of the State of Florida, hereinafter referred to as the “County”, and ____________________________ , a _______ (state) ______________ (corporate form) hereinafter referred to as “Owner”.

R E C I T A L S

WHEREAS, the Owner is the owner in fee of that certain real property located in Indian River County, Florida, as legally described in Exhibit “A,” attached hereto and incorporated herein by reference, hereinafter referred to as the “Property”;

WHEREAS, the Property is zoned for single family residential and multifamily residential;

WHEREAS, the Owner seeks to develop the Property with multifamily and/or single family rental housing or rehabilitate the existing property;

WHEREAS, to maintain compliance the Owner and the County wish to ensure that the restricted units are maintained as affordable housing for a period of not less than fifty (50) years.

NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the County and the Owner do hereby contract and agree as follows:

1. RECITALS. The recitals set forth above are true and correct and incorporated into this LURA by reference.

2. PROPERTY. The Property subject to this LURA is further described in Exhibit “A”, attached hereto, and incorporated herein by reference.

3. DEFINITIONS. Unless otherwise expressly provided herein or unless the context clearly requires otherwise, the following terms shall have the respective meanings set forth below:

a. “Adjusted Gross Income” means all wages, assets, regular cash or noncash contributions or gifts from persons outside the Eligible 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, less deductions allowable under Section 26 U.S.C.

§62 of the Internal Revenue Code.

b. “Affordable” means that monthly rents and utilities do not exceed 30 percent of that amount which represents the percentage of the median adjusted gross annual income for the eligible household.

c. “Affordable Unit” or “Affordable Units” means those Dwelling Units that are Affordable to an Eligible Household. Affordable Unit(s) need not be limited to particular designated Dwelling Units within the Project but may be floating units that change over time. If the Project, as defined herein, is developed with the Maximum Number of Units, all units shall be Affordable.

d. “Dwelling Units” means the residential units within the Project. The Project is approved for no more than ____ ( __ ) Dwelling Units (the “Maximum Number of Units”), of which all units shall be Affordable.

e. “Eligible Household” means one or more natural persons or a family, the total annual adjusted gross household income which is not more than 140 percent (140%) of the median annual Adjusted Gross Income for households within Indian River County.

f. “Project” means the multifamily or single family housing project on the Property for which the Owner has received site development approval from the County under Case

# LLDP- .

4. USE AND OCCUPANCY OF THE PROPERTY. The Owner shall comply with the following restrictions regarding the use and occupancy of the Project for the duration of the Affordability Period as defined and established in Section 5 hereof:

a. The Owner shall develop/rehabilitate and maintain the Project as a single family or multifamily rental housing or for sale project and shall rent/sell and hold available for rental/sale all the Dwelling Units as Affordable Units for rent/sale exclusively to Eligible Households.

b. If the Project is constructed/rehabbed in phases, the number of Affordable Units for each phase shall be 100 percent (100%) of the total Dwelling Units rehabbed/constructed for such phase.

c. For each Affordable Unit, the Owner shall be responsible for accepting rental/purchase applications and determining and verifying the Adjusted Gross Income of prospective tenants to ensure such tenants qualify as an Eligible Household. Adjusted Gross Income shall be calculated by annualizing verified sources of income for the household as the amount of income to be received by the household during the 12 months following the effective date of determination.

d. Rents for all Affordable Units shall be Affordable to the Eligible Household occupying the Affordable Unit. Rents shall not exceed the 140 percent (140%) Area Median Income threshold which are determined in a manner consistent with Section 42 (g) (2) of the Internal Revenue Code of 1986, as amended. The gross monthly rent shall not exceed 30 percent (30%) of the imputed income limitation applicable to such unit. Gross rents includes an allowance for utilities and therefore if the household pays for utilities (other than telephone and cable), such utility allowance is deducted from the maximum gross rent allowed in the unit.

e. No Affordable Unit shall be occupied by the Owner or any person related to or affiliated with the Owner or the operator of the Project.

5. AFFORDABILITY PERIOD.

a. The Affordability Period shall commence upon the date of the issuance of the first certificate of occupancy for the Project, and end after a period of no less than fifty (50) years. In the event the Project is to be developed in phases, the County’s Community Services Department SHIP Division (“Division”) may determine a completion date for each phase of the Project, in which case the fifty-year Affordability Period for the Affordable Units in that phase shall commence and conclude based on the phase-specific completion date.

6. RECORDS. The Owner shall maintain complete and accurate income records pertaining to each Eligible Household occupying an Affordable Unit. These records must be updated annually and shall be maintained for at least six (6) years following the date of each such record.

At a minimum, Owner shall maintain the following records for each occupied Affordable Unit:

a. An Eligible Household’s complete application for tenancy/purchase and related information including the name of each household member, proof of identity, and employment, income and asset information for each household member;

b. A copy of the lease agreement listing the term of tenancy, the rent, and identifying each tenant residing in the Affordable Unit; or a copy of the purchase agreement identifying each homeowner residing in the Affordable Unit;

c. Verification that the household is an Eligible Household as defined herein; and

d. Verification that the Eligible Household’s rent is Affordable as defined herein.

7. ANNUAL REPORT. The Owner shall, during the Affordability Period as defined herein, provide an Annual Report to the Division between January 1 and December 31 of each year. The Annual Report shall provide the following information regarding each Affordable Unit: (a) the unit address; (b) the number of persons residing in the Affordable Unit; (c) the Adjusted Gross Income of the persons residing in the Affordable Unit; (d) the monthly rent/mortgage charged; and (e) any other information requested by the County reasonably required to ensure compliance with this LURA.

8. MAINTENANCE OF THE PROPERTY, COMPLIANCE WITH APPLICABLE

LAWS, AND INCORPORATION OF COUNTY POLICIES.

a. The Owner shall at all times operate the Project in conformity with all federal, state and local laws, rules, regulations, ordinances and orders which may be applicable to the Project, including but not limited to the Federal Fair Housing Act, as implemented by 24 CFR Part 100, the Florida Fair Housing Act, the Americans with Disabilities Act of 1990, and the Florida Americans with Disabilities Accessibility Implementation Act, as amended.

b. This Agreement shall be read in conjunction with and be subject to all applicable County regulations, policies, resolutions, and ordinances; such County regulations, policies, resolutions, and ordinances are incorporated herein by reference.

9. MONITORING AND INSPECTION. For rental units, the Owner shall permit the County or its designee to inspect all records, including but not limited to financial statements and rental records, pertaining to Affordable Units upon reasonable notice and within normal working hours, and shall submit to the County such documentation as required by the County to document compliance with this LURA. The County may, from time to time, make or cause to be made inspections of the Affordable Units and Project rental records to determine compliance with the conditions specified herein. The County shall notify the Owner prior to scheduled inspections, and the Owner shall make any necessary arrangements to facilitate the County’s inspection. The County may make, or cause to be made, other reasonable entries upon and inspections of the Property, provided that the County shall give the Owner notice prior to any such inspection, specifying reasonable cause therefore related to the County’s interest in enforcing this LURA.

10. COVENANTS RUN WITH THE LAND. All conditions, covenants, and restrictions contained in this LURA shall be covenants running with the land, and shall, in any event, and without regard to technical classification or designation, legal or otherwise, be, to the fullest extent permitted by law and equity, binding for the benefit and in favor of, and enforceable by the County, its successors and assigns, against the Owner, its successors and assigns, to or of the Property or any portion thereof or any interest therein, and any party in possession or occupancy of said Property or portion thereof. Each and every contract, deed, or other instrument hereafter executed covering or conveying the Property or the Project or any portion thereof or interest therein shall conclusively be held to have been executed, delivered and accepted subject to such covenants, reservations and restrictions, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instruments. If a portion or portions of the Property or the Project are conveyed, all of such covenants, reservations and restrictions shall run to each portion of the Property or the Project.

11. ENFORCEMENT, NO WAIVER OF BREACH.

a. If the Owner violates any of the terms and condition of this LURA or a restriction set forth herein, and if such violation remains uncured for a period of thirty (30) days after written notice thereof, the County may institute and prosecute any proceeding at law or in equity to abate, prevent, or enjoin any such violation or attempted violation and to compel specific performance. The provisions hereof are imposed upon and made applicable to the land and shall run with the land and shall be enforceable against the Owner or any other person or entity that has or had an ownership interest in the Project at the time of such violation or attempted violation.

b. The County shall, in its sole discretion, have the right to terminate all approvals and acceptances granted by this Agreement in the event Applicant fails to comply with any of the terms and conditions of this Agreement. All approvals granted by this Agreement are conditioned upon the continued compliance with the terms of this Agreement.

c. Waiver of a breach of one covenant or condition of this Agreement is not a waiver of breach of other covenants and conditions of this Agreement, or of a subsequent breach of the waived covenants or conditions; any failure of the County to enforce this LURA shall not be deemed a waiver of the right to do so thereafter.

d. In the event the County’s Code is amended subsequent to the Effective Date of this LURA such that a violation of this LURA would be a violation of County Code, violations of this LURA may, at the election of the County, be enforced consistent with Chapter 11, County Code or as provided in Chapter 162, Parts I and II, of the Florida Statutes, which, among other remedies, would enable the County to impose fines or issue citations for noncompliance and to place liens on the Property.

12. RECORDATION, EFFECTIVE DATE AND DURATION.

a. The parties hereto agree that a fully executed original of this LURA, and any subsequent amendments hereto, shall be recorded, at Owner’s expense, in the Public Records of Indian River County, Florida.

b. This LURA shall become effective upon the date of full execution by the authorized representative(s) of the Owner and the County (the “Effective Date”).

c. This LURA and the restrictions provided herein shall run with the Property and shall remain in effect until the termination of the Affordability Period, or in the event the Project is phased, until the termination of the Affordability Period for the final phase of the Project.

d. Upon conclusion of the Affordability Period, the covenants herein shall be deemed to have been satisfactorily complied with, unless documents properly and timely recorded with the Indian River County Clerk of the Circuit Court indicate otherwise.

13. MODIFICATION OF AGREEMENT. The County and its successors and assigns and Owner and the successors and assigns of Owner in and to all or any part of the fee title to the Property, shall have the right to consent and agree to changes in, or to eliminate in whole or in part, any of the covenants, conditions, or restrictions contained in this LURA without the consent of any tenant, lessee, easement holder, licensee, mortgagee, trustee, beneficiary under a deed of trust, or any other person or entity having any interest less than a fee in the Property. Any amendment or modification to this LURA must be in writing and signed by the County and the Owner, or their successors and assigns; provided, however, that no amendment may be made to this LURA that would cause it to be out of compliance with any applicable law.

14. NOTICE. All notices which may be given pursuant to this LURA shall be in writing and shall be delivered by personal service or by certified mail return receipt requested addressed to the parties at their respective addresses indicated below or as the same may be changed in writing from time to time.

COUNTY: Indian River County Community Services Department, SHIP Division 1800 27th Street Vero Beach, Florida 32960 Attn: SHIP Administrator

COPY: County Administrator Indian River County Administration 1801 27th Street Vero Beach, Florida 32960

OWNER:

15. SEVERABILITY. If any provision hereof shall be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining portions hereof shall not in any way be affected or impaired thereby.

16. ENTIRE AGREEMENT. This LURA together with the Exhibits embodies the entire agreement and understanding between the parties hereto and there are no other agreements and/or understandings, oral or written, with respect to the subject matter hereof, that are not merged herein and superseded hereby.

17. DISCLAIMER OF THIRD-PARTY BENEFICIARIES. This Agreement is solely for the benefit of the County and Owner and no right or cause of action shall accrue to or for the benefit of any third party.

18. NO PARTNERSHIP OR AGENCY. Nothing in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relations of principal/agent, employer/employee, or joint venture partnership between the parties.

19. LAND USE APPROVALS. This Agreement shall not be construed as granting, assuring, or in any way indicating any future grant of any land use, zoning, or density approvals, development approvals, permissions, or rights with respect to the Property.

20. MULTIPLE COUNTERPARTS. This LURA may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

21. ELECTRONIC SIGNATURES AUTHORIZED. The County and the Owner agree that this LURA and all documents associated with the transaction contemplated herein may be executed by electronic signature in a manner that complies with Chapter 668, Florida Statutes, and consistent with Indian River County Administrative Policy Manual AM-1200-5 (Signed components).

22. APPLICABLE LAW. The laws of the State of Florida shall govern the interpretation and enforcement of this Agreement. Any and all legal action necessary to enforce the provisions of this Agreement will be held in Indian River County, Florida. Venue for any litigation involving this Agreement shall be the Circuit Court in and for Indian River County, Florida

IN WITNESS HERETO, the parties herein have caused this LURA to be executed at the place and on the day specified hereinabove.

“COUNTY”

INDIAN RIVER COUNTY, FLORIDA

By: Indian River County Board of County Commissioners

BY:

Indian River County Board of County Commissioners - Chairman

Date:

ATTEST: Ryan L. Butler, Clerk of the Board of County Commissioners

BY:

Deputy Clerk

“OWNER”

_________________________________________, a <state> <type of entity>

By: _____________________________________________

Name: ____________________________________________

Title: _____________________________________________

Date: _____________________________________________

STATE OF __________________________

COUNTY OF ________________________

The foregoing instrument was acknowledged before me a Notary Public, by means of ☐ physical presence or ☐ online notarization, this ________day of _____________________, 20___, by_____________________________, as _______________________________ of _______________________________, a ________________________________, on behalf of said _________________________, who is personally known to me or has produced (type of identification)_______________________________ as identification.

WITNESS my hand and official seal in the County and State last aforesaid this ___________ day of _________________________, 20____________.

(SEAL): NOTARY PUBLIC:

My Commission Expires: ________________

Printed Name: _

EXHIBIT A

Legal Description of the Property

LURA Final