RESTRICTIVE COVENANTRESTRICTIVE COVENANT
(Grantee owns land and building.)
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2014060565 03/04/2014 at 12:32 PM
OFF REC BK: 18327 PG: 1057 -1064
DocType:RST RECORDING: $69.50
THIS RESTRICTIVE COVENANT is hereby entered
into this a4 day of February , 20 14 , by
Citv of Clearwater Cultural Affairs Division,
hereinafter referred to as "the Grantee;" and the State of
Florida, Department of State, Division of Cultural Affairs, hereinafter referred to as
the "Division ".
WHEREAS, the Grantee is the fee simple title holder of the land and the
building(s) to be used as a cultural facility located at 401 -409 Cleveland Street..
Cleater, Florida 33755. A legal description of the subject property is attached
as Exhibit A and is made a part of this covenant.
WHEREAS, the Grantee has been approved to receive a Cultural Facilities
Grant in the amount of $1,000,000, to be administered by the Division and used
only for the acquisition, renovation, and construction of the cultural facility, as
required by Section 265.701(1), Florida Statutes. "Facility" is used herein to refer
to the building(s) and associated land that will be used as a "cultural facility," as
defined herein.
WHEREAS, the Division has authority under Section 265.701(4), Florida
Statutes, to require that this restrictive covenant be recorded to ensure that the
facility will be used as "cultural facility," as defined herein, for at least ten (10)
years following execution of the grant award agreement.
NOW THEREFORE, in partial consideration for the Cultural Facilities Grant
and in accordance with Section 265.701(4), Florida Statutes, the Parties agree to
the following:
1.) This restrictive covenant shall run with the title to the facility and the
associated land, shall encumber them, and shall be binding upon the Grantee and
its successors in interest for (10) ten years following execution of the grant award
agreement.
2.) The grant award shall only be expended for
Project Title: Capitol Theatre Renovation (14 -9025)
page 1 of 5
3.) For the required duration of this covenant, the Parties
agree that the Grantee shall own all improvements made to
the facility and the associated land, funded in whole or in part
by grant funds.
4.) The Division has the right to inspect the facility at all
reasonable times to determine whether the conditions of the
grant award agreement and this covenant are being complied with.
5.) The Grantee shall maintain the facility as a "cultural facility," defined as a
building which shall be used primarily for the programming, production,
presentation, exhibition or any combination of the above functions of any of
the cultural disciplines defined in s. 265.283(7), F.S. These disciplines include,
but are not limited to music, dance, theatre, creative writing, literature,
architecture, painting, sculpture, folk arts, photography, crafts, media arts,
visual arts, programs of museums, and other such allied, major art forms.
6.) This restrictive covenant will be violated if the Grantee or its successors
in interest do not use the facility as a cultural facility, as defined above, within
ten (10) years following execution of the grant award agreement. If the
Grantee violates this covenant, it shall repay the grant funds to Division
pursuant to the amortization schedule set forth below:
a. If the violation occurs within five (5) years following the execution of the
grant award agreement, 100% of the grant amount;
b. If the violation occurs more than five (5) but less than six (6) years following
execution of the grant award agreement, 80% of the grant amount; c. If the
violation occurs more than six (6) but less than seven (7) years following the
execution of the grant award agreement, 65% of the grant amount;
d. If the violation occurs more than seven (7) but less than eight (8) years
following execution of the grant award agreement, 50% of the grant amount;
e. If the violation occurs more than eight (8) but less than nine (9) years
following execution of the grant award agreement, 35% of the grant amount;
and
f. If the violation occurs more than nine (9) but less than ten (10) years
following execution of the grant award agreement, 20% of the grant amount.
7.) Any amount due from the Grantee as a result of a violation of this re-
strictive covenant shall be due in full within 90 days of the violation, or some
other period of time as agreed upon by the parties
8.) If the entire amount due under the provisions of paragraph six (6) is not
repaid by the Grantee within the time allotted, the Parties agree that the Divi-
sion may obtain a stipulated judgment against the Grantee for the amount due
plus interest at the current legal rate, and record it in the public records of the
county where the land and cultural facility are located. The Parties further
page 2 of 5
agree that such a judgment shall be a stipulated judgment by
virtue of full execution of this restrictive covenant; that it
shall not require further approval of the Grantee to obtain;
and that no trial or hearing shall be necessary to make such a
stipulated judgment legally effective. Such a judgment, when
recorded, shall be considered a valid lien upon Grantee's
interest in the facility and the associated land, including all improvements
funded in whole or part by grant funds.
9.) As a condition to receipt of grant funds, the Grantee shall:
a. Record this covenant in the public records with the Clerk of the Circuit Court
of Pinellas County, Florida;
b. Pay fees associated with its recording; and
c. Provide a certified copy of the recorded covenant to the Division.
10.) The Parties agree that the Division shall incur no tax liability as a result
of this covenant.
IN WITNESS WHEREOF, the Grantee hereby affirms that he /she has read
this restrictive covenant, understands and agrees to its terms, and hereby
affixes his /her signature accordingly.
PARTIES and WITNESSES:
* PI se, x6 a4+e -dtleC 60Q -u re-
GRANTEE SIGNATURE
GRANTEE NAME (print)
First Witness Signature First Witness Name (print)
Second Witness Signature Second Witness Name (print)
GRANTEE ADDRESS
City State Zip
page 3 of 5
The State of Florida
County of
I certify that on this date before me, an officer duly au-
thorized in the state and county named above to take ac-
knowledgments, that
personally
(Name)
appeared as for
(Position) (Name of Qualifying Entity)
known to me to be or proved to my satisfaction that he /she is the person de-
scribed in and who executed the foregoing instrument.
Type of Identification Produced
Executed and sealed by me at , Florida on
Notary Public in and for
The State of
My commission expires:
[SEAL]
page 4 of 5
For the Division of Cultural Affairs:
Name Title
Fi st Witness Signature
econd Wry ess
gnature
The State of Florida
County of L(o\
R.A. Gray Building
500 S. Bronough St.
Tallahassee, Florida 32303
?&IVAct6. WACO-1.1
First Witness Name (print)
615 1 0.091
/e, J.
Second Witness N
e (print)
I certify that on this date before me, an officer duly authorized in the state
and county named above to take acknowledgments, that
5andL ShcotvvrICcsS'1 personally
(Name)
appeared as Icce.-- for the Florida Department of State,
(Position)
Division of Cultural Affairs known to me to be or proved to my satisfaction that
he /she is the person described in and who executed the foregoing instrument.
Type of Identification Produced QeC5O(1A."A \f1r16 W h
-
Ex�cG�ed and sealed by me at Ok```ghCttS<.L. , Florida on 2. J 4-1 1,4
[SEAL]
AC11-444114)-1-(----,Notary Public in and for
RockLik
The State of
My commission expires: 9 1� I ��
Countersigned:
qe(9roqrc \tIW
George N. Cretekos
Mayor
Approved as to form:
Laura Mahony
Assistant City Attorney
CITY OF CLEARWATER, FLORIDA
By:
Attest:
t
William B. Horne II
City Manager
C adz
Rosemarie CaII
City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION:
PARCEL "A"
THE WEST 1/2 OF LOT 7, BLOCK B, JOHN R. DAVEY'S ET AL RESUBDIVISION OF EARLL MUMFORD, RUSS
AND STARRIS SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK
H1, PAGE 87, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA OF WHICH PINELLAS
COUNTY WAS FORMERLY A PART.
AND
PARCEL "B"
LOT 6, LESS THE EAST 19 FEET 9 INCHES THEREOF, AND THE EAST 1/2 OF LOT 7, BLOCK B, JOHN R.
DAVEY'S ET AL RESUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1,
PAGE 87, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, OF WHICH PINELLAS COUNTY
WAS FORMERLY A PART.
AND
PARCEL "C"
THAT PART OF THE EAST NINETEEN AND THREE - QUAETERS (19 3/4) FEET OF LOT SIX (6), IN BLOCK "B ",
OF JOHN R. DAVEY. ET ALS RESUBDIVISION OF EARLL MUMFORD ROSS AND STARR'S SUBDIVISION, IN
CLEARWATER HARBOR, ACCORDING TO THE PLAT OF SAID RE- SUBDIVISION, AS RECORDED IN PLAT
BOOK 1, PAGE 87, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, OF WHICH PINELLAS
COUNTY WAS ONCE A PART THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH
BOUNDARY OF SAID LOT 6, WHICH IS FIVE (5) FEET AND EIGHT AND ONE -EIGHT (8 1/8) INCHES WEST OF
ITS NORTHEAST CORNER; RUN THENCE WEST ALONG THE NORTH BOUNDARY OF SAID LOT 6, TO THE
NORTHWEST CORNER OF THE EAST NINETEEN AND THREE - QUATERS (19 3/4) FEET TO SAID LOT; RUN
THENCE SOUTH TO THE SOUTHWEST CORNER OF THE EAST NINETEEN AND THREE - QUARTERS (19 3/4)
FEET OF SAID LOT 6; RUN THENCE EAST TO A POINT IN THE SOUTH BOUNDARY OF SAID LOT 6;, WHICH
IS EIGHT FEET EIGHT INCHES WEST OF IT'S SOUTHEAST CORNER; AND RUN THENCE NORTHERLY TO THE
POINT OF BEGINNING.
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Exhibit "A" — cont.
ALL OF THE ABOVE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PARCEL OF LAND LYING IN AND BEING PART OF LOTS 5, 6 AND 7, BLOCK B OF THE JOHN R. DAVEY'S ET
AL RESUBDIVISION OF EARLL MUMFORD, RUSS AND STARRIS SUBDIVISION, AS RECORDED IN PLAT BOOK
H1, PAGE 87, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 7, BLOCK 8 OF SAID JOHN R. DAVEY'S ET AL
RESUBDIVISION, THENCE S88 °27'33 "E ALONG THE SOUTH RIGHT -OF -WAY LINE OF CLEVELAND STREET,
ALSO BEING THE NORTH BOUNDARY OF THE AFORESAID BLOCK 8, 92.61 FEET; THENCE DEPARTING SAID
SOUTH RIGHT -OF -WAY LINE, S01 °32'15 "W, 115.34 FEET TO A POINT COINCIDENT WITH THE SOUTH
BOUNDARY OF SAID BLOCK 8; THENCE ALONG SAID SOUTH BOUNDARY OF BLOCK 8, S89 °59'03 "W, 89.61
FEET TO A POINT COINCIDENT WITH THE EAST RIGHT -OF -WAY LINE OF SOUTH OSCEOLA AVENUE, SAME
BEING THE WEST BOUNDARY OF SAID BLOCK 8; THENCE ALONG SAID LINE, N00 °03'54 "E A DISTANCE OF
117.81 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 10771.95 SQUARE FEET, 0.247 ACRES, MORE OR LESS.
AND
The portion of the 17' alley Tying South of Lot 7, and the west 41.34' of Lot 6, Block B, properties
described in the plat titled "J.R. DAVEY,ET. AL. RESUBDIVISION" located in Plat Book 1, Page 87 of the
Public Records of Hillsborough County, FL, of which Pinellas County was formerly a part.
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