Faith Landing Phase 3 Lots 1-10 (213 Benson Street) INSTR 5324769 OR 5325 PG 709
RECORDED 10!1912016 4:37 PM PAGES 31 IIT CO IRT
DWIGHT E. BROOK, CLERK ..F THE CIRCUI, ,-�-L,
COLLIER COUNTY FLORIDA
REC$27.00
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants hereinafter referred to as Declaration,
is made and entered into on the day of C-{ , 2016, by
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., 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:
A parcel of land lying in Section 32, Township 46 South, Range 29 East, Collier
County,
Florida, Being more particularly described as follows:
Lots 1-10, Faith Landing Phase 3, according to the Plat thereof as recorded in
Plat Book 59 Page 71 through 72, of the Public Records of Collier County.
The aforementioned parcel is hereinafter referred to as the "Property". The
Property is located at Faith Landing Subdivision, in Immokalee, Florida 34142.
WITNESSETH:
1. Habitat agrees to all requirements of the Community Development Block
Grant (CDBG) Program in acceptance of CDBG funding from the
COUNTY to acquire the Property and the terms of the Agreement
between the COUNTY and Habitat, as it may be modified, dated January
28, 2014.
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 the date it initially meets one of the National Objectives in accordance
with 24 CFR 570.503 (the "Term"). COUNTY must approve all changes in
use of the Property in accordance with 24 CFR 570.505. In the event the
Habitat fails to use the Property for the Required Use in accordance with
the CDBG Agreement during the Term Habitat is required to pay to
County an amount equal to the current 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 in accordance
with 24 CFR 570.505
3. In the event Habitat fails to use the Property for the purposes expressly
set forth herein or by reference, Habitat agrees to transfer the ownership
of the Property 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.
4. Habitat agrees to maintain the Property in compliance with local codes
and to a safe, decent and sanitary condition, which shall include repairs
and maintenance duties to the Property to extend the life of the dwelling.
Further, Habitat 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 Division.
5. 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 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
G:ACHS\HfH-CDBG\213 Benson St. �/�
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 shall not
affect the validity of the remaining portions thereof.
9. 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 Agreement, this Declaration shall terminate and
shall no longer be effective.
HABITAT FOR HUMANITY OF
COLLIER COUNTY, INC.
BY:
Nic ouloheras
1 ' Executive Director
Witness Signature
Print: 11f A-r►1 S tt
iLiL,
Witness Signature
Print: Lr; O(mib,
NOTARY BLOCK ON NEXT PAGE
G:\CHS\HfH-CDBG\213 Benson St.
0
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to anc subscribed befiore me this ,/r1- day of
20 /6 by ru t s K <<OL kloKey45 (name), Z--,A
(title), on behalf of HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. who
is personally known to me or has produced
as identification.
WITNESS my hand and official seal this / day of Oc , 20 As .
(Si nature f Notary Public)
(Print Nam of Notary Public)
NOTARY PUBLIC
Serial/Commission:
My CommissLn mires:=
olny4 AMY LEVITRE
I�.,`c;, Nikes
Public-Slate of Florida
My Comm. kes Jul 4,2018
'.( Commission•FF 109285
. , ° �°�i"'° Bonded Throw/ animal Notary Assn
Approved as toTorm andTegality:
JEN ER A. BELPEDIO
Assistant County Attorney
y
G:\CHS\HtH-CDBG\213 Benson St. �'•