4961 22nd Ave Sw DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants, hereinafter referred to as Declaration, is made and
entered into on the 15th day of JUNE, 2016, by HABITAT FOR HUMANITY OF COLLIER
COUNTY, hereinafter referred to as "Habitat" 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 10, Block 124, Golden Gate Unit 4, according to the map or plat
thereof as recorded in Plat Book 5, Page 107, Public Records of Collier
County, Florida
The aforementioned parcel is hereinafter referred to as the "Property". The Property is
located at 4961 22nd Ave SW, Naples, Florida 34116.
WITHESSETH:
1. Habitat agrees to all requirements of the Community Development Block Grant (CDBG)
Program in acceptance of CDBG funding from COUNTY to acquire the Property and the
terms of the Agreement between Collier County and Habitat, as it may be modified,
dated October 1, 2015 ("Agreement").
2. Habitat, its successors or assigns, shall use the Property to meet one of the CDBG
National Objectives for a period of five (5) years commencing on March 14, 2016 (the
"Term") and ending on March 13, 2021. Collier County's Community and Human
Services Division must approve all changes in use of the Property in accordance with
CDBG reversion of assets set forth in 24 CFR 570.503 (b)(7). Upon resale or transfer of
the Property to a qualified buyer, the period of affordability and required use will transfer
to the buyer at the benefit of Collier County and the five year period of affordability starts
when the beneficiary takes occupancy, as that is the date that the CDBG national
Objective would then be achieved.
3. Any "Program Income" (as such term is defined under applicable Federal regulations)
gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported
to the COUNTY at the time of resale to a qualified LMI household and a program
income re-use plan shall be submitted annually to ensure continued compliance. All
Program Income shall be returned to the LMI homebuyer in the form of a principal
reduction in accordance with the SUBRECPIENT Program Income Reuse Plan. Program
Income shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the
operation of the Program.
At the time of sale and upon completion of construction of new home a job cost detail will
be provided to Collier County Community and Human Services for each home. Prior to
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the sale of each property, Program Income shall be calculated and submitted to the
County for approval. The subrecipient shall calculate the CDBG investment in each
property utilizing the job cost detail. The net CDBG investment shall be secured with a
Note and Mortgage to the benefit of the County.
*Example in calculating CDBG homeowner subsidy (for illustration purposes
only):
$50,000 CDBG investment/$80,000 job cost detail = total development cost
($130,000)
$50,000/$130,000 = .38 job cost
$150,000 Sales Price
CDBG subsidy 38% or $57,000 to LMI homebuyer and secured with Note and
Mortgage
4. In the event Habitat fails to use the Property for the purposes expressly set forth herein
or by reference, Habitat agrees to repay the acquisition cost to COUNTY or dispose of
the Property in compliance with CDBG requirements, CFR 570.505, 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.
5. Habitat agrees that until such time as the property transfers to the homebuyer Habitat
shall ensure the property remains in a safe, decent and sanitary condition and the
responsibility upon transfer shall rest with the homeowner. Further, parties agree to
comply with all local, State and Federal requirements specific to funding sources
attached to this property.
6. COUNTY shall approve in advance such action necessary to allow the transfer,
conveyance, assignment, leasing, mortgaging or encumbering of the Property or to
accomplish the acts described above.
7. This Declaration sets 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.
8. 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.
9. The invalidity of any clause, part or provision of this Declaration shall not affect the
validity of the remaining portions thereof.
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10. COUNTY shall have the right to enforce the terms, provisions and restrictions of this
Declaration for five year in compliance with the October 01, 2015 CDBG Grant
Agreement and 24 CFR 570, et. seq. Any forbearance on behalf of the 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,
deeds or other conveyance instrument is subject to this Declaration.
Upon expiration of the period during which Habitat is obligated to operate the Property in
accordance with the Paragraph 5 above, this Declaration shall terminate and shall no
longer be effective.
[SIGNATURE AND NOTARY PAGE TO FOLLOW]
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HABITAT FOR HUMANITY OF COLLIER
COUNTY, INC.
By: `/ 7-----------
Print: ,'ckolas Kouloheras
Witness Signature Title: Executive Vice President
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Witness ure
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STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to and subscribed before me this 15 day of June, 2016 by Nickolas
Kouloheras (name), Executive Vice President (title), on behalf of HABITAT FOR
HUMANITY OF COLLIER COUNTY, INC. who is personally known to me.
WITNESS my hand and official seal this 15 day of June, 2016.
(affix notarial seal) r 2?-(-,
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a. ,'� EXPIRES:August 29,2018 (Print Name of Notary Public)
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My Commission Expires:
Approved as to form and legality:
JENNII-W A. BELPEDI A`
Assistant County Attorney