Agenda 09/23/2014 Item #16D 99/23/2014 16.D.9.
EXECUTIVE SUMMARY
Recommendation to approve the Declaration of Restrictive Covenants for the Immokalee South
Park project as part of the Community Development Block Grant program requirements.
OBJECTIVE: To comply with Community Development Block Grant (CDBG) program requirements
for the Immokalee South Park grant- funded project.
CONSIDERATION& The U.S. Department of Housing and Urban Development (HUD) Community
Development Block Grant (CDBG) program funds locally defined needs for programming and
infrastructure. On July 25, 2012, Housing, Human and Veteran Services (HHVS) and the Parks and
Recreation Department entered into a Memorandum of Understanding (MOU) which outlines each
department's responsibilities regarding the construction of the Immokalee South Park Community Center
using CDBG funds. The MOU was required by HUD.
On September 24, 2013, the BCC endorsed the MOU and Amendment No.I between Housing, Human &
Veteran Services Department and the Parks & Recreation Department to build the Immokalee South Park
Community Center with Community Development Block Grant (CDBG) funds (Agenda item 16D19).
On March 11, 2014, the BCC approved Amendment No.2 extending the completion date to May 1, 2014
and introducing additional provisions related to program income and grant compliance (Agenda item
16D3).
Construction of the Immokalee South Park Community Center was completed in December of 2013 and
the final CDBG reimbursement was processed in May 2014. As required by 24CFR 570.505 real property
which was acquired or improved in whole or in part using CDBG funds in excess of $25,000 shall for five
years after close -out not have a change of use or planned use (including the beneficiaries of such use)
from that for which the acquisition or improvement was made unless the recipient provides affected
citizens with reasonable notice of, and opportunity to comment on, any proposed change. In addition, any
CDBG- funded project relating to real property must have a Declaration of Restrictive Covenants to
ensure a National Objective is met for a period of five years.
FISCAL IMPACT: The proposed actions described in this executive summary will incur recording
costs not to exceed $30.
GROWTH MANAGEMENT IMPACT: This facility is inventoried in the Growth Management
Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a
majority vote for Board approval. - JAB
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to execute the Declaration of Restrictive Covenants for the Immokalee South Park project as
part of the Community development Block Grant program requirements.
Prepared By: Natali Betancur, Operations Analyst, Parks and Recreation
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.9.
Item Summary: Recommendation to approve the Declaration of Restrictive Covenants for
the Immokalee South Park project as part of the Community Development Block Grant program
requirements.
Meeting Date: 9/23/2014
Prepared By
Name: BetancurNatali
Title: Operations Analyst, Beach & Water
8/26/2014 12:33:03 PM
Approved By
Name: WilliamsBarry
Title: Director - Parks & Recreation, Parks & Recreation
Date: 9/3/2014 5:09:50 PM
Name: SantabarbaraGino
Title: Grants Coordinator, Housing, Human & Veteran Services
Date: 9/4/2014 2:07:05 PM
Name: AlonsoHailey
Title: Operations Analyst, Public Services Division
Date: 9/4/2014 4:18:28 PM
Name: TownsendAmanda
Title: Director - Operations Support, Public Services Division
Date: 9/8/2014 10:33:33 AM
Name: SonntagKristi
Title: Manager - Federal /State Grants Operation, Housing, Human & Veteran Services
Date: 9/8/2014 10:49:33 AM
Name: Washburnllonka
Title: Manager - Park Operations, Parks & Recreation
Date: 9/8/2014 4:31:08 PM
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9/23/2014 16.D.9.
Name: Joshua Thomas
Title: Grants Support Specialist, Grants Management Office
Date: 9/9/2014 8:17:07 AM
Name: CarnellSteve
Title: Administrator - Public Services, Public Services Division
Date: 9/9/2014 1:53:57 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 9/16/2014 2:47:14 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/16/2014 3:28:06 PM
Name: StanleyTherese
Title: Manager - Grants Compliance, Grants Management Office
Date: 9/16/2014 3:36:35 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 9/16/2014 4:20:16 PM
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DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants, hereinafter referred to as Declaration, is
made and entered into on the day of , 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 Comer 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 comer 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 comer of the tract herein conveyed, run thence
North 1 degree 21 minutes West (true) 361.5 ft. to a concrete
monument marking the NE comer of the tract herein conveyed; run
thence South 88 degrees 17 minutes West true 361.5 ft. to a
concrete monument marking the NW comer of the tract herein
conveyed; run thence South 88 degrees 17 minutes West true
361.5 ft. to a concrete monument marking the NW comer 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':
Parcel Number 00117640007
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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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:
DWIGHT E. BROCK, CLERK
, DEPUTY CLERK
Approval for form and legality:
Jennifer A. Belpedio
Assistant County Attorney C�pr
COLLIER COUNTY o/b /o PARKS AND
RECREATION DEPARTMENT
M
TOM HENNING, CHAIRMAN
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