Declaration of Restrictive Covenants/Folio #140481200006 DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants, hereinafter referred to as Declaration, is made and
entered into on the Zy ' day of S-Pp-i— 2., 2015, by The Shelter for Abused Women
and Children, Inc., hereinafter referred to as "THE SHELTER" 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:
The North 59.31 feet of Lots 1, 2 and 3, and all of Lots 4 and 5, and the
13 1/3 feet of lot 6, all in Block 22, Tier 10 Plan of Naples, according to
the plat recorded in Plat Book 1, page 8, of the Public Records of Collier
Count, Florida
hereinafter referred to as "Property".
Parcel Number 14048120006
WITHESSETH:
1, THE SHELTER agrees to all requirements of the Disaster Recovery Initiative Community
Development Block Grant (DRI/CDBG) Program in acceptance of DRI/CDBG funding
from the COUNTY for the installation of a new roof, window and doors at The Options
Resale Shoppe located at 968 2' Avenue North and the terms of the Agreement
between Collier County and THE SHELTER, dated May 27, 2014, as it may be modified.
2. THE SHELTER 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 THE SHELTER fails to use Property for the purposes set forth herein
expressly or by reference, THE SHELTER 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. THE SHELTER 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, THE SHELTER 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.
INSTR 5212037 OR 5228 PG 2546
RECORDED 12/30/2015 9:46 AM PAGES 3
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA C40
REC$27.00
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 April 23,
2013 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 THE SHELTER is obligated to operate the Property
in accordance with the May 27, 2014 DRI/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]
The Shelter for Abused Women and Children, Inc.
By: \ _1 v 1 Pj
itnZe/1) �� �/ l i' Print: &.
ess Sig.ature / Title: 0v e.c a-,r So (pu li.�
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Print: AQI-5/7 /Iorm0n
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Witnes Signature
Print: L0(`► VV�rr�s
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to and subscribed before me this d eday of 64,plariber, 2015 by
1 �L crA_ K(ice (name), Di I c-tor of okra+fans (title), on behalf
of COLLIER COUNTY, �vho is personally c�nown o me r has produced
as identification.
WITNESS my hand and official seal this o 4' day of 4L
2014.
(affix notarial seal)
,_,Signature of Notary Public)
/d, L< KQ. S-eti—
TAMIKA SEATON (Print Name of Notary Public)
NOTARY PUBLIC NOTARY PUBLIC ry
V 1 �-•�
:�;,Jr'=STATE OF FLORIDA Serial/Commission: /i 7/�c1
• "' Com e*FF021718 My Commission Expires:
Expires 9/19/2017
Approved as to form and legality:
JEN FER A. BEL E 10 coo �\\ca
Assistant County Att ey c