Backup Documents 09/23/2014 Item #16D 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP oi
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO c�,
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE // Zto
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP 1 9
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already co } eteh the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. Jennifer Belpedio County Attorney Office
%(1.2) 11. 3 II —
4. BCC Office Board of County 'TN
Commissioners \� 9.17—$111k
5. Minutes and Records Clerk of Court's Office
(---1 0-tell({,
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Natali Betanc r, Operations Analyst Phone Number 239-252-4 59
Contact/ Department
Agenda Date Item was 09/23/14 Agenda Item Number 16D9
Approved by the BCC
Type of Document Declaration of Restrictive Covenants Number of Original 1
Attached Documents Attached
PO number or account 111-156310-649030
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column, whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? NB ✓
2. Does the document need to be sent to another agency for additional signatures? If yes, NB t/'
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be NB
signed by the Chairman, with the exception of most letters,must be reviewed and signed
•
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's NB t,/
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the NB t,//'
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's NB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip NB
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 09,t89'/Tand all changes made during NB V/
the meeting have been incorporated in the attached document. The Co 'nty
Attorney's Office has reviewed the changes, if applicable. 9/ 4
9. Initials of attorney verifying that the attached document is the version appr ed by the N ,
BCC, all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16D9
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covena!r]�ts, hereinafter referred to as Declaration, is
made and entered into on the 23"tiay of S♦e.hbc�,,2014, by COLLIER
COUNTY o/b/o PARKS AND RECREATION DEPARTMENT, hereinafter referred to as
"PARKS AND RECREATION" 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:
Beginning at the SW Corner of Section 3, Township 47 South,
Range 29,East, run thence along the Southern boundary of said
Section 3, North 88 degrees 17 minutes East (true) a distance of
1,320 ft. to a concrete monument marking the SW corner of the
tract herein described, which monument is the point of beginning;
run thence on said Southern boundary of said Section 3 North 88
degrees 17 minutes East (true) 361.5 ft. to a concrete monument
marking the SE corner of the tract herein conveyed; run thence
North 1 degree 21 minutes West (true) 361.5 ft. to a concrete
monument marking the NE corner of the tract herein conveyed; run
thence South 88 degrees 17 minutes West true 361.5 ft. to a
concrete monument marking the NW corner of the tract herein
conveyed; run thence South 88 degrees 17 minutes West true
361.5 ft. to a concrete monument marking the NW corner of the
tract herein conveyed; run thence South 1 degree 21 minutes East
(true) 361.5 ft. to the point of beginning; said tract containing 3
acres more or less.
hereinafter referred to as "Property". INSTR 5034670 OR 5080 PG 1989
RECORDED 9/30/2014 8'46 AM PAGES 3
Parcel Number 00117640007 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$27.00
WITHESSETH:
1. PARKS AND RECREATION agrees to all requirements of the Community
Development Block Grant (CDBG) Program in acceptance of CDBG funding from
COUNTY to construct a Community Center on Property and the terms of the
Agreement between Collier County and PARKS AND RECREATION, dated July
25, 2012, as it may be modified.
2. PARKS AND RECREATION, 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 Housing,
Human, and Veterans Services Department must approve all changes in use of
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1609
the Property in accordance with CDBG revisions of assets set forth in 24 CFR
570.503 (b)(7).
3. In the event PARKS AND RECREATION fails to use Property for the purposes
set forth herein expressly or by reference, PARKS AND RECREATION 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. PARKS AND RECREATION 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, PARKS AND RECREATION agrees to comply with all local, State and
Federal requirements specific to funding sources attached to this property as
instructed by the Collier County Housing, Human, and Veterans 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 July 25, 2012 CDBG Grant Agreement and 24 CFR 570, et.
seq. Any forbearance on behalf of Collier County to exercise its right of
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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 PARKS AND RECREATION is obligated to
operate the Property in accordance with the July 25, 2012 CDBG Grant Agreement and
24 CFR 570, et. seq., this Declaration shall terminate and shall no longer be effective.
ATTEST: COLLIER COUNTY o/b/o PARKS AND
DWIG T E. BROC , CLERK RECREATION DEPARTMENT
/1
as to Cha atkPUTY CLERK B : /:m r`r
to O" ENN NG, C AIRMAN
Approval for form and legality: /
Jennifer A. Be io Ci<
Assistant County Attorney o