Folio #76850001801/Deed Restriction DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants, hereinafter referred to as Declaration, is made and
entered into on the .1.q day of OOezbex- , 2014, by IMMOKALEE NON-PROFIT
HOUSING, INC. d/b/a IMMOKALEE HOUSING & FAMILY SERVICES, hereinafter referred to
as "IHFS" in favor and for the benefit of Collier County, a political subdivision of the State of
Florida, hereinafter referred to as "COUNTY" for property legally described as:
Lot 44 of Timber Ridge -Unit Two, according to the plat thereof recorded
in Plat Book 4, Pages 40-41, of the Public Records of Collier County,
Florida.
hereinafter referred to as "Property".
Parcel Number 76850001801
WITHESSETH:
1. IHFS agrees to all requirements of the Community Development Block Grant (CDBG)
Program in acceptance of CDBG funding from COUNTY for rehabilitation upgrades to
the Timber Ridge Community Center, located at 2726 Wilton Court, lmmokalee, Fl
34142, and the terms of the Agreement between Collier County and IHFS, dated May
14, 2013, as it may be modified.
2. IHFS, its successors or assigns, shall use Property to meet one of the CDBG National
Objectives for a period of five (5) years commencing on the date of initially meeting one
of the National Objectives in accordance with 24 CFR 570.505 (the "Term"). Collier
County's Community and Human Services Department must approve all changes in use
of the Property in accordance with CDBG revisions of assets set forth in 24 CFR
570.503 (b)(7).
3. In the event IHFS fails to use Property for the purposes set forth herein expressly or by
reference, IHFS agrees to transfer the ownership of the property to County or dispose of
the property in compliance with 24 CFR 570.505, CDBG use requirements, in an amount
equal to the fair market value of the property less any portion of the value attributable to
expenditures of non-CDBG funds for the acquisition of, or improvement to, the property.
4. IHFS agrees to maintain Property in compliance with local codes and in a safe, decent
and sanitary condition, which shall include repairs and maintenance duties to the
Property to extend the life of the dwelling. Further, IHFS agrees to comply with all local,
State and Federal requirements specific to funding sources attached to this property as
instructed by the Collier County Community and Human Services Department.
5. The County may approve such action as may be necessary to allow the transfer,
conveyance, assignment, leasing, mortgaging or encumbering of the Property or to
accomplish the acts described above.
6. This Declaration of Restrictive Covenants set forth herein regulating and restricting the
use and occupancy of the Property (i) shall be and are covenants running with the
Property, encumbering the Property for the term of this Declaration, and binding, upon
the Recipient's successors in title and all subsequent owners of the Property, (ii) are not
merely personal covenants of the Recipient, and (iii) shall bind the Recipient and its
respective successors and assigns during the term of this Declaration. All approvals
shall be in writing and approved by the Collier County Board of County Commissioners.
7. Any and all requirements of the laws of the State of Florida to be satisfied in order for the
provisions of this Declaration to constitute deed restrictions and covenants running with
the land shall be deemed to be satisfied in full, and that any requirements or privileges of
estate are intended to be satisfied, or in the alternate, that an equitable servitude has
been created to ensure that these restrictions run with the land.
8. The invalidity of any clause, part or provision of this Declaration and Restrictive
Covenants shall not affect the validity of the remaining portions thereof.
9. Collier County shall have the right to enforce the terms, provisions and restrictions of this
Declaration of Restrictive Covenants for five (5) year in compliance with the May 14,
2013 CDBG Grant Agreement and 24 CFR 570, et. seq. Any forbearance on behalf of
Collier County to exercise its right of enforcement hereunder shall not be deemed or
construed to be a waiver of either of their rights hereunder.
For the term of this Declaration, each and every contract, deed, or other instrument hereafter
executed conveying the property or portion thereof shall expressly provide that such
conveyance is subject to this Declaration, provided, however, that these covenants contained
herein shall survive and be effective regardless of whether such contracts, deed or other
instrument conveyance is subject to this Declaration.
Upon expiration of the period during which IHFS is obligated to operate the Property in
accordance with the May 14, 2013 CDBG Grant Agreement and 24 CFR 570, et. seq., this
Declaration shall terminate and shall no longer be effective.
[SIGNATURE AND NOTARY PAGE TO FOLLOW]
IMMOKALEE NON-PROFIT HOUSING,
INC. d/b/a IMMOKALEE HOUSING &
FAMILY SERVICES
By:_ J 5A-OZ1/4A1 �
Jr 6 • Print: ��t. QYL
Witness Signature Title: 1
Print: (33q 4 \idOZZl..'Jr
WitnessnSi_gnature
Print: Fact Ls
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn ``to'' an subscribed before me �s 011 day of I C±o /3,e- P( , 2014 by
13t,L�S(1ri M (018Q (name) �JF _ma %'` itle), on behalf
of COLLIER COUNTY, who is personally known to me or h.; pr•. r ed G 43 S' 7,3 5-2 6 83°
as identification. i- -Dr/tier Lec e p2s!r
WITNESS my hand and official seal this 019 day of d C.( 1 #e�-
2014.
(affix notarial seal) 71/t // •"'
(Signature of No Iic)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission: Celt 30( v1
My Commission Expires:
OsPits ANA M.RIVERA
..: Commission#FF 062527
Approved as to form and legality: o °�z Expire December 30, 19
tap
JENNIFER A. BEL O
Assistant County Attorney