RESTRICTIVE COVENANT - RUTH ECKERD HALL EXPANSION GRANT NUMBER 17-9915 KEN CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY,FL
20170813210311612017
OFF REC :19664 PG. 113-
RECORDING. 7.
RESTRICTIVE COVENANT
(Grantee leases land and building.)
III .m P » r
QI Ilf�
THIS RESTRICTIVE COVENANT is hereby entered into this
day of i µ. rl 201"1 by City of Clearwater
hereinafter refer^ d 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 $2,000,000, 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 Minding 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
nt Number 17-9915
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 5
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 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 2 of 5
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:
First Witness Signature
PAR3IES:
GRANTEE SIGNATURE
First Witness Name (print) GRANTEE NAME (print)
FM Me q[4.4w 130o(L -
Second Witness Signature GRANTEE ADDRESS
Ol(g1141
C. I, arkAitalite
feconuWitness ame (print) City
The State of Florida County of I t Ile U a S
State
Zip
I certify that on this date before me, an officer duly authorized in the state and county
named above to take acknowledgments, that
2ev f f ry i v � personally
e L(Name)
appeared as �s�CVV\k -i CEO for TkA--LAII E eke id RAIL )VIC
(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. PersonaLL j Lta w i�
Type of Identification Produced J
Executed and sealed by me at C\i? Ck ua- ci, Florida on )2'7 12O 1(p
[SEAL]
.0, ". "•4 !*.b HEATHER L. WILSON
MY COMMISSION 1 FP 183830
EXPIRES: December 16, 2018
aJ'ov c�og�e Bonded Thru Budget Notary Services
Notary Public in and for
The State of t—toV idGl
My commission expires: 1 Z11(Q 1 lq
Page 3 of 5
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
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
[SEAL]
Notary Public in and for
The State of
My commission expires:
Page 4 of 5
For the Division of Cultural Affairs:
................ .......... R.A. Gray Building
Saii-ldy S,l,iatjghiil,iessy Director 500 S. Bronough St.
Tallahassee, Florida
..........
............
4st W'tnes Sig a e First Witness Na m. ....e" rr in
............................................. .............................................................. .......... ...............................................................9
.............................................................................. ..................
Secw iid Second Witness Name (print)
The State of Florida
County of
I certify that on this date before me, an officer duly authorized in the state
and county named above to take acknowledgments, that
ame)
appeared as U 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 e CSCft(l
Executed and sealed by me at Florida on
\ A
""6116 Notary Public in and for
The State of J,
RACNELLE ASHMORE .......
ry
ub
Nft Public-State of Flarlda
tact
C 1 lesion 0 FF 227474
6 1 M 5.2*npnission 0 FF 227474
tum. xp res V My commission expires:
my Cmm.Expires May 019
Znxlio d L 019
7�t4 I
F 51
[SEAL] DOWNdirmo ftional Wary Am.
This document was prepared by the following individual:
Name: Addriess� 3,219.11Yorth 111eirldlaii,ii c..trpetlF S , 1230-I
.................................................... ......................, - -L
Page 5 of 5
Restrictive Covenant
Ruth Eckerd Hall, Inc. and City of Clearwater
Approved as to form:
iatt�hew S th
Assistant City Attorney
CITY OF CLEARWATER, FLORIDA
By: .61/144,. 146H'1
William B. Horne, 11
City Manager
Attest
Rosemarie Call
City Clerk
DVEPAL_L. Si TE PLAN
-FA ,j'sy. '.e..C`I0+.4 9, TO1NyiI' '29h, IC,0 P.A0.71.