RESTRICTIVE COVENANT - EXPAND THE EXPERIENCE: PHASE 1 THE GREAT ROOM 16.9.200.562RESTRICTIVE COVENANT
(Grantee leases land and building.)
THIS RESTRICTIVE COVENANT is hereby entered into this
day of €1aJ /(,1 , 20 /5 , by Citv of Clearwater
hereinafter referred to as the "Owner "; Ruth Eckerd Hall, Inc.,
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 Owner is the fee simple title holder of the building(s) and the underlying land
located at 1111 McMullen Booth Road, Clearwater, Florida 33759 -3219. A legal description
of the subject property is attached as Exhibit A and made a part of this covenant.
WHEREAS, the Grantee leases the building(s) and underlying land from the Owner from
July 1, 2015 to July 1, 2031. "Facility" is used herein to refer to the building(s) and the
associated land that will be used as a "cultural facility," as defined herein.
WHEREAS, the Grantee has been approved to receive a Cultural Facilities Grant in the
amount of $ 500,000, to be administered by the Division and used only for the acquisition,
renovation, and construction of the cultural facility in accordance with Section 265.701(1), Florida
Statutes.
WHEREAS, the Division has authority under Section 265.701(4), Florida Statutes, to require
the recordation of this restrictive covenant to ensure that the facility will be used as "cultural
facility," as defined herein, for at least (10) ten years following the 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 hereby agree to the following:
1.) This restrictive covenant shall run with the title to the land and the cultural facility,
encumber them, and be binding upon the Grantee, the Owner and their successors in interest for
ten (10) years following the execution of the grant award agreement.
2.) The grant award shall only be expended for
Proiect Title: Expand the Experience: Phase 1, The Great Room 16.9.200.562
3.) The Parties agree that for the required duration of this covenant, all improvements to the
facility and the associated land, funded in whole or part by grant funds shall be owned by the
Owner.
4.) The Division has the right to inspect the facility and the associated land 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 operate and 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, such as:
music, dance, theatre, creative writing, literature, painting, sculpture, folks arts, photography,
crafts, media arts, and historical and science museums."
Page 1 of 7
6.) This restrictive covenant will be violated by the Grantee, or its
successors in interest if the facility ceases to be used as a cultural
facility, as defined above, within ten (10) years following execution of
the execution of the grant award agreement as required by Section
265.701(4), Florida Statutes.
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 Tess than seven (7) years following 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.) The amount due as a result of Grantee's violation of this restrictive 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 paragraph (6) is not repaid by the Grantee within
the time allotted, the Parties agree that the Division may obtain a stipulated judgment against
the Grantee for the amount due plus interest at the current legal rate. The Parties further
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 or the Land
Owner to obtain; and that no trial or hearing shall be necessary to make such a stipulated
judgment legally effective. The Division shall have the right to enforce the stipulated judgment
by resorting to any legal or equitable available remedy including an action for specific
performance.
9.) As a condition to receipt of the 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 all fees associated with its recording; and
c. Provide a certified copy of the recorded covenant to the Division and to the Owner.
10.) The Parties agree that the Division shall incur no tax liability as a result of this
covenant.
Page 2of7
IN WITNESS WHEREOF, the Grantee and the Owner hereby affirm that
they have read this restrictive covenant; that they understand and agree
to its terms; and that they hereby affix their signatures accordingly.
WITNESSES:
Witness Signature
Suzanne Ruley
First Witness Name (print)
PARTIES:
TEE SIGNATURE
V BUFFMAN
GRANTEE NAME (print)
1111 MCMULLEN BOOTH ROAD
Second Witness Signature GRANTEE ADDRESS
Rena Nex -hr,c.vi
CLEARWATER, FL, 33759
Second Witness Name (print) City State Zip
The State of Florida County of Pinellas
I certify that on this date before me, an officer duly authorized in the state and county
named above to take acknowledgments, that
f rirY1O..n personally
(Name)
appeared as P eji Clent /CEO for guhr, EC Hlzth) i nL .
(Position) (Name of Qualifying Entity)
known to me to be or proved to my satisfaction that he /she is the person described in and who ex-
ecuted the foregoing instrument.
Type of Identification Produced Pi v^ orta ( 1 j KV1 CW ►n
Executed and sealed by me at C, P__Ctkr-LOGl r, Florida on OCi /042015
[SEAL]
HEATHER L. WILSON
MY COMMISSION # FF 183830
EXPIRES: December 16, 2018
Bonded Thru Budget Nohry Uniret
Notary Public in and for
The State of r toil 1 du
My commission expires: ((Q P■OIS
Page 3of7
SEE PAGE 6
First Witness Signature OWNER SIGNATURE
First Witness Name (print) OWNER NAME (print)
Second Witness Signature OWNER ADDRESS
Witness Name (print) City State Zip
The State of Florida County of Pinellas
I certify that on this date before me, an officer duly authorized in the state and county
named above to take acknowledgments, that
(Name)
personally
appeared as for
(Position) (Name of Qualifying Entity)
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
Executed and sealed by me at , Florida on
Notary Public in and for
The State of
My commission expires:
[SEAL]
Page 4 of 7
For the Division of Cultural Affairs:
S _s
Sandy Shau, hness Director
•
First Witness ignatu
Second ess Signature
The State of Florida
County of Leon
R.A. Gray Building
500 S. Bronough St.
Tallahassee, Florida
i
J.
First Witness Name (p
M/14/1 0114X>
Second Witness Name (print)
I certify that on this date before e, an officer duly authorized in the state and county
named above to take acknowledgments, t ' at
Saielatik S \\lAU h n
(Name)
appeared as
(Position)
Division of Cultural Affairs known to me to be or proved • my satisfaction that he /she is the per-
son described in and who executed the foregoing instrume't.
personally
for the F rida Department of State,
Type of Identification Produced
t"Muna.lkt.k i
____ , Florida on
cuted and sealed by me at
[SEAL]
NAILLLE ASHMORE
�. `. Meary P*I c - State of Florida
• CMpnNoloo • FF 227474
My Celt. EpNea May S. 2019
Bold WORM Aaaa.
Notary Public in and for
The State of
Flo
rt
My commission expires: 6 1 1 l
Page 5 of 7
Restrictive Covenant
Ruth Eckerd Hall, Inc. and City of Clearwater
Approved as to form:
t
Laura Lipowski Mahony
Assistant City Attorney
CITY OF CLEARWATER, FLORIDA
By:
Attest:
g.
William B. Horne II
City Manager
Rosemarie Call
City Clerk
Page 6 of 7
'4BLISNE
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KEN BURKE,CLERK OF COURT
AND COMPTROLLER PI EL COUNTY,FL
INST# 2015341706 1112412015 at 10:36 AM
OFF REC BK.-18998 PG: 638-6"
DoeType:RST RECORDING. $61.00
RESTRJ911YL9QM9NAK
(Grantee leases land and building.)
T11 CTIVE COVENANT is hereby entered into this
_Z,RESTRI
day of 20 by City_ gf Clearwater
hereinafter referred to as the "Owner"; Ruth Eckerd HlI11,10
hereinafter referred to as the '4GI-antee;" and the State of Florida,
Department of State, Division of Cultural Affairs, hereinafter refereed to as
the "Division".
..........................................
WHEREAS, the Owner is the fee simple title holder of the building(s) and the underlying land
located at A legal description
oft subject property is attached as Exhibit A and made a part of this covenant.
WHEREAS, the Grantee leases the building(s) and underlying land from the Owner from
Jully 1. 2Q15 to July_J,_Z9_3-1- "Facility" is used herein to refer to the building(s) and the
as—soclated land that will be used as a 'cultural facility," as defined herein.
WHEREAS, the Grantee has been approved to receive a Cultural Facilities Grant in the
amount of S _jk0,0M, to be administered by the Division and used only for the acquisition,
renovation, and construction of the cultural facility in accordance with Section 265.701(l), Florida
Statutes.
WHEREAS, the Division has authority under Section 265.701(4), Florida Statutes, to require
the recordation of this restrictive covenant to ensure that the facility will be used as 'cultural
facility," as defined herein, for at least (10) ten years following the execution of the grant award
agreement.
NOW THEREFORE, in partial consideration for the Lultural Facilities Grant and in accordance
with Section 265.701(4), Florida Statutes, the Parties hereby agree to the following-
1.) This restrictive covenant shall run with the title to the land and the cultural facility,
encumber them, and be binding upon the Grantee, the Owner and their successors in interest for
ten (1 0) years following the execution of the grant award agreement.
2.) The grant award shall only be expended for
't Room 16.9.2na-96–
3.) The Parties agree that for the required duration of this covenant, all improvements to the
facility and the associated land, funded in whole or part by grant funds shall be owned by the
Owner.
4.) The Division has the right to inspect the facility and the associated land 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 operate and 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, such as:
music, dance, theatre, creative writing, literature, painting, sculpture, folks arts, photography,
crafts, media arts, and historical and science museums."
Page I of 7
6.) This restrictive covenant will be violated by the Grantee, or its
successors in interest if the facility ceases to be used as a cultural
facility, as defined above, within ten (10) years following execution of
the execution of the grant award agreement as required by Section
265.701(4), Florida Statutes.
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 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 rant 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.) The amount due as a result of Grantee's violation of this restrictive 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 paragraph (6) is not repaid by the Grantee within
the time allotted, the Parties agree that the Division may obtain a stipulated judgment against
the Grantee for the amount due plus interest at the current legal rate. The Parties further
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 or the Land
Owner to obtain; and that no trial or hearing shall be necessary to make such a stipulated
judgment legally effective. The Division shall have the right to enforce the stipulated judgment
by resorting to any legal or equitable available remedy including an action for specific
performance.
9.) As a condition to receipt of the grant funds, the Grantee shall:
a. Record this covenant in the public records with the Clerk of the Circuit Court of EL11ift-91—las
County, Florida;
b. Pay all fees associated with its recording; and
c. Provide a certified copy of the recorded covenant to the Division and to the Owner.
10.) The Parties agree that the Division shall incur no tax liability as a result of this
covenant.
Page 2 of 7
IN WITNESS F, the Grantee ancl the Owner hereby affirm that
they have read this restrictive covenant; that they understand and agree
to its terms; and that they hereby affix their signatures accordingly.
I
IT PARTIES:
1 —---—------- -- ..........
rs 'itness Siignature INTEIE SIGNATURE
ZEV BUFIFMAN
Furst Witness (Name (Ipriint) GRANTEE NAME (print)
,1G: 1 LMQL4 N LILIE P I TH ROAD
4econd Witness Slgnatuire GRANTEE ADDRESS
DRES S
_. CILE RW T FL _31.3759 9 _____-
Second Witness Name (Ipriiint) City State Zip
The State of Florida County of IP n llas-_ ___
I certify that on this date before me, an officer duly authorized in the state and county
named above to take acknowledgments, that
_... ..
...................................
............:................................................................. .........................:............:.... .......... . ................................................................................................................................,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,......................persoiira filly
(INaiine
appeared as ...:........... ` for.......... �.Cod .
(Position) (INairne of Qualifying Entity)
known to to be or proved to satisfaction t t he/she is the r.son described in and who ex-
ecuted the foregoing instruments DA
Type of Identification Produced
Executed sealed by me at C1 Florida
,. ODMMISSION#FF IM Notary Public in and for
EXPIRES:DwmW 16,2018
Ttiie State of Rin, o elia.
My commission .,,,,.�
ion expires: 2- 1
[SEAL]
Page 3 of
S1::::E PAGE 6 ................... ..................................................................................
................................................=..................... ..........
Wftin"iiess 3lignatt.,iire O'WU1!:..:,1Z,, SI 'IN A rupE
.......................................................................1-1 11.............................I................................................................................................................. ...........I.,.,.,......... ........................................................................................................................................................................................................................................................ ..........................................................I.............................................
First itne IName (,pii1int) OWNER 141-VIME (IIl)idrrt)
................................................................................................................................................................................................................................................................................ .................................................................................................................................................................. .............. .................................................................. ...............
e Siginatt�tv.M =IVEI:k ADDRESS
....................................................................................................... .......................................................................................... ...................................................................................................................................................
Wftir ess Naini e (IJpirint) City State Zlid
The State of Florida County ofj-)liiiniellas
I certify that on this date before me, an officer duly authorized in the to and county
named by to take acknowledgments, that
............... personally
appearedas......... ................ --------------------------
Cr-losildoiri) (Name of Qualifying Entity)
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 .......................................................................
Executed and sealed by me at , Florida on
Notary Public in and for
the !3tate of
My commission expires:
[SEAL]
Page 4 of 7
For the Division of Cultural Affairs:
R.A. Gray Building
Sandy Slhaiu7gh�n�ess7 Director 500 S. Bronough St.
Tallahassee, Florida
------—------—----
A�
If Witness Nanne 4(1p
pr,
mew
Second ess gnature Secon iitnes I Name (print)
The State of Florida
County of...............Y111111elllola .'','''''',''I...............
I certify that on this date before me, an officer duly authorized in the state and county
named above t o t ake acknowledgments, that
'1110 personally
1:11ft MASMI_
(Vme)
appeared asrn.,_JfVIe _fort Florida Department of State,
(Position)
Division of Cultural Affairs known to me to be or proved to my satisfaction that he/she is the per-
son described in and who executed the foregoing instrument.
Type of1dentification Produced ..
x. cuted and sealed by irne at Florida on ................
Notary Public in and for
l"he State of....................
...............................
PACKLIE ASHMORE
Ik"P%kk-StMe of FF 227474 Flulde
My commission expires:
ftft"0
ISIEAII I a.gw CW*.ftka M"5"2
Page 5 of 7
Restrictive Covenant
Ruth Eckerd Hall, Inc. and City of Clearwater
Approved as to form: CITY OF CLEARWATER, FLORIDA
By: A-
.............
4LauaUaDp0Wski Mahony William 113. IHorne III
Assistant City Attorney City Manager
Attest: ATA
l::;Zoc.;ernar1ie Call Iwo
City Clerk
Page 6 of 7
rf I
Exhibit A
Al 1 EL
! f l ! E t
I
HO
® _f'
1
H is
a 1 I
p
m � Cz �q
® i ® C;5n cL V'
_-
Page! r
77
Page I of I
1111111111111111111111 11111111111111111111111
11Z Transaction#: 3224258 Print Date:
Receipt#: 2979583 11/24/2015 10:37:02 AM
Cashier Date: 11/241201510:37:01 AM
WO 1*• (CLKDMC9)
COUNO,
(727) 464-4876
.CUStorner 1neonvafi(,,M Transaction Information Payment Summary
atoReceived: 1.1/24/2015
Source Code: Clearwater
RUTH ECKERD HALL Q Code: Clearwater
1.1.1:1 N MCMULL.FN BOOTHRD Return Code- Over the 'I"otal Fees $183.00
Clearwater, FL 33759 Trans Ty 'Counter Total Payments $183.00
. pe: Recording
Agent Ref
Nunn:
1 Payments
$183.00
AM A� CHECK 054191
3 Recorded Items
BKIPG.: .189.981538 CFN.,.2015341705
T RES'l-RICTIONS Date:1112412015 1036.56 AM
I F�om.- CLEARWATER R).- IN.RE
recording @ 1st=--$l0, .Add1'l--$8.50 ca., 7 F6 1.00
Indexing @ I st 4 Natnes, Free,.Addt'l=$l ea. 2 $070
`0 BK I.PG.: .189981545 CF.N.1015341706
II JRS:T) RES".1
`RICTIONS Date:1112412015 10.36.57AM
From,- CLEARWATER To:- .INRE
Recording @ 1st:=$I0, .Addt'1:=$8,,50 ea. 7 $61.00
Indexing @ 1st 4 Narnes Free, A.ddt'.I:==$l ea. 2 $0.00
BKIPG: .189.981552 UN-2015341707
-LL�"5'r j'j R E S,rgi c'n(YN s Date:1112412015 10:36:58 AM
F�om:- C.1,F,4.R WA TER To: INRE
.Recording @ 1st=$10, Addt'l:=$8.5 0 ea. 7 $61-00
Indexing @ '1st 4 Karnes Free, .Addt'l:=$1 ea. 2 $0.00
file://C:\Program Files\RecordingModule\default.htm 11/24/2015