Declaration of Restrictive Covenants/Folio #76210180003 INSTR 5193519 OR 5212 PG 2660
RECORDED 11/10/2015 8:20 AM PAGES 3
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
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 G}~'day of o,K. -T 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:
Lot 7, Block 1, W.H. Surency, according to the plat thereof recorded in
Plat Book 1, Page 28A, of the Public Records of Collier County Property
Appraiser, Florida, hereinafter referred to as "Property".
Parcel Identification Number: 76210180003
WITHESSETH:
1. THE SHELTER agrees to all requirements of the Community Development Block Grant
(CDBG) Program in acceptance of CDBG funding from COUNTY to improve Property
and the terms of the Agreement between Collier County and THE SHELTER, as it may
be modified, dated September 23, 2014.
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 Division 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 Division.
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 September
23, 2014 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 THE SHELTER is obligated to operate the Property
in accordance with the September 23, 2014 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]
SHELTER FOR ABUSED WOMEN AND
CHILDREN, INC., a Florida not-for-profit
corporation
By: kilo `q-kP/1xi,
�—•�'� �Lt� Print: "" ilt(___
Witnes Signature Title: I ,Lei-%v >� Cptihtlnc
Print: ulS an
Witness jgnature
Print: l' L17 1"l(Ynon
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to and subscribed before me this aQ3 day of OCITICIe , 2015 by
u Cror)ri (name), r C4orialw title), o))---behalf
of THE SHELTER FOR ABUSED WOMEN AND C LD EN, INC., who is ponall
known to me or has produced as identification.
WITNESS my hand and official seal this o3 day of deo - , 2015.
(affix notarial seal)
(Signature of Notary Public)
NiGri) ca Metz /c .rz_
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission: -7 / / Q-OJ 7
My Commission Expires:
"TIN MONICA MAZIAR2
( � •s Notary Public•State of Florida
,,� My Comm.Expires Jul 2.2018
xti Commission I FF 138938
Approved as to form and legality:
'" �
JENNIFER A. BELPEDIO
Assistant County Attorney