RESTRICTIVE COVENANTKEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2009106819 0412412009 at 10:29 AM
OFF REC GBK: 16664 PG: 433436
OV RECORDINGS
DacTYPe? $35-50
RESTRICTIVE COVENANT
THESE COVENANTS are entered into this 01011- day of , 2009 by
City of Clearwater, P.O. Box 4748, Clearwater, Pinellas County, Flo Ada, Owner, hereinafter
referred to as the Grant Recipient, and State of Florida, Department of Elder Affairs, 4040
Esplanade Way, Tallahassee, Leon County, Florida and shall be effective for a period of five (5)
years from the date of recordation of this Covenant by the Clerk of Court.
Whereas, the Grant Recipient, is to receive state funds in the form of a fixed capital
outlay grant in the amount of $727,500.00 to construct, repair or maintain its senior center in
accordance with the terms of a Memorandum of Understanding executed by the parties on
January 2, 2009.
Now therefore, as part of the consideration for the award of state funds, the Grant
Recipient, as a political subdivision, hereby makes and declares the following restrictive
covenants which shall run with said property and be binding on the Grant Recipient and its
successors or assigns in interest, if any, for the period stated above.
1. The Grant Recipient agrees to continue to operate, maintain and repair certain real
property as described in Exhibit "A", attached hereto and incorporated herein, in accordance with
the terms of the memorandum of understanding and the purposes for which the funds were
originally appropriated, which, said purposes are further described in Exhibit "B", also attached
hereto and incorporated herein.
2. In the event the Grant Recipient fails to maintain ownership, sells, transfers or
otherwise assigns its interest in the senior center, fails to operate the facility as a senior center, or
otherwise violates the terms of the Memorandum of Understanding or this covenant, the recipient
agrees to reimburse the Department any portion of the funds received, proportionally amortized
over the period of five (5) years, upon 60 days notice by the Department of the violation.
3. The covenant shall terminate at the end of the aforesaid amortization period, and the
parties shall record a notice of termination of the covenant in the public records of the county in
which the covenant is recorded.
4. The Grant Recipient agrees to file these covenants with the Clerk of the Circuit Court
in the county where the property is located and shall pay any and all expenses associated with
the filing and recording.
5. The Grant Recipient agrees that the Department shall incur no tax liability as a result
of these restrictive covenants.
ma,& 1) A 1 6 0'1?m A N i.0
i +
ess Signature
Witness Name Printe
CITY OF CLEARWATER, FLORIDA
William B. Horne II
City Manager
Witness Signature
SUso,-n Ckase
Witness Name Printed
Approved as to form:
aura Mahony
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
P.O. Box 4748
Clearwater, Florida 33758
Attest:
?yn"t . G udeau
City erk
1 ?
The foregoing instrument was acknowledged before me this LL day of A-0 C?
William B. Horne II, City Manager, who is personally known to me has
, as identification and id/@ not to a an oath.
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HARRIGER
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MY COMMISSION # DD733691
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produced
EXHIBIT "A"
To Memorandum of Understanding between Grant Recipient, City of Clearwater, and State of Florida, Department
of Elder Affairs (Memorandum of Understanding #XQ913).
LEGAL DESCRIPTION:
FROM NW SEC COR TH E 55FT TH S 480.5FT FOR POB TH E 662.69FT TO C/L OF
CREEK TH SE'LY 850(S) ALG CREEK C/L TH E 95FT TO E LINE OF NW 1/4 OF NW 1/4
TH S 324.98FT TO SE COR OF NW 1/4 OF NW 1/4 TH W 222.83 FT TO NE'LY LINE OF
RR TH N73DW 1085.2FT TO E R/W OF BELCHER RD TH N 539.23FT TO POB CONT
15.78AC
Commonly known as the "Long Center" located at 1501 North Belcher Road, Clearwater,
Florida.
EXHIBIT "B"
A description of the fixtures, fixed equipment, structures, improvements, renovations and
appurtenances as contemplated by that certain Memorandum of Understanding between Grant
Recipient, City of Clearwater, and State of Florida, Department of Elder Affairs (Memorandum of
Understanding #XQ913), as follows:
• Retain architect to develop drawing for the
renovations of the existing facility to Aging
Well Center
• Construction permits
• Contractor Mobilization & Demobilizations
• Contractor's general conditions &
profit/overhead, insurance
• Demolition of existing facility
o Disposal fees
• New wall construction includes
o Masonry walls
o Gypsum Wall
o Metal studs
o folding partition walls
• Fire sprinkler system
• Electrical
o Lighting and associated materials
o Electrical outlets
o Television cabling system
o Data cabling system
• HV/AC system
o Condenser
o Air handier
o metal ducts supply, return, & fresh air
intake
o controls systems
• Fire alarm system
• Security intrusion system
• Video security system
• Flooring
o carpet tile
o vinyl composite tile
o epoxy poured flooring system
• Ceiling grid and tiles
• Doors & door hardware
o ADA door hardware
o glazing
• Windows/Storefronts
• Restroom
o Plumbing fixtures commodes/urinals
o Faucets, lavatories and sinks
o Plastic partitions
o Hand dryers
o Paper product dispensers and trash
receptacles
• Millwork
• Paint
• Signage
o ADA signage
o Senior Center Parking signage
o ID Signage at entrance to center video
board
• Other
o Double Trash enclosure masonry units
o Parking lot lighting poles & fixture
• Trees/Landscaping
o Remove existing asphalt & base course
for land planter
o Remove existing soil and provide planting
mix cu. yd
o Provide irrigation system
o Trees, Shrubs, Ground cover
• FF & E Package
o Security Cameras/DVR Recorder System
o Telephone System
o Tele/Data/Cable TV installation
o Telephone units
o Three compartment refrigerator
o Coffee Maker
o Misc. Kitchen Equipment
o Microwave Commercial Units
o Furniture Package
o Large Clay Self Watering Pots & Interior
Plants
o Coffee Table Lounge area
o End tables lounge area
o Love Seat lounge area
o Office furniture desk/credenza/ desk
chair/guest chairs
o Ottoman chair lounge area
o Tables with rack
o Chairs with rack
o Program activity games
o Games/include lockable cabinet
o Wii players (2)
o Audio sound equipment
o Flat screen TV 30" (1)
o Flat screen tv 52" (3)
o Vacuum/steam cleaner commercial unit
o Misc. cleaning equipment/mop/buckets
o Computers (14)
o Storage cabinet for computer