OWNER'S ACKNOWLEDGEMENT AND CONSENT AND FACADE PRESERVATION EASEMENTOWNER'S ACKNOWLEDGEMENT AND CONSENT
The undersigned acknowledges and represents the following to be true and correct
statements and consents to be bound by the statements contained herein:
The Owner is the fee simple title holder of the Property described in the Agreement for Facade
Improvements dated OIp 126115 (the "Agreement") between the Clearwater
Community Redevelopment Agency (the "CRA") and 101 N. Garden LLC (the "Applicant");
and
The Owner agrees that the Property will be benefitted from the Project to be undertaken pursuant
to the Agreement; and
In consideration of the benefit to the Property, the Owner agrees to be bound by Section 2.04 of
the Agreement, agrees to execute and be bound by the Facade Preservation Easement attached as
Exhibit "B" to the Agreement, and agrees to be bound by Article 4. Indemnification, Article 8.
Dispute Resolution and Article 10. Miscellaneous. of the Agreement.
This Consent and Acknowledgment is executed by the Owner on 3UV't 2-5 1015
Signed, sealed & delivered
In the Presence of:
Name:
Nate Chocvoi
OWNER
Print named ;d -u; /} 0.A. 1Y\ p p itQ
Print title (if applicable): 1,324_
STATE OF FLOP -IDA
COUNTY OF S
The foregoing instrument was acknowledged before me this 25 day of fRAVVe ,
20 I9 , by Chi Am 2c4,61200 , as the OWher of
Wit N. &txrde l MVe. , for and on behalf of the COvyl e . He/she is
personally known to me or has produced 'as ideritification.
Notary PuState o DA
My Commission Expires: 0411 bI 2n%'t
This instrument prepared without examination of title by:
Pamela Akin
CRA Attorney
112 South Osceola Ave
Clearwater, FL 33756
FACADE PRESERVATION EASEMENT
This Facade Preservation Easement is granted by 101 N. GARDEN LLC (the "Grantor"),
and accepted by the CLEARWATER COMMUNITY REDEVELOPMENT AGENCY, a public
body corporate and politic of the State of Florida (the "Grantee" or "CRA").
RECITALS
WHEREAS, Grantor is the owner of certain real property in Pinellas County, Florida, and
more particularly described in Exhibit "A," attached hereto and made a part hereof (the
"Premises"); and
WHEREAS, in connection with that certain Application for Facade Improvement Program
approved by the CRA on .7 - 1(o - (g (the "Agreement"), Grantor agreed to provide Grantee
with an easement which, among other things, provides for the maintenance of the Facade as
described in the Agreement; and
WHEREAS, in accordance with the terms of the Agreement, Grantor desires to grant to
Grantee, and Grantee desires to accept, an Easement on the Premises; and
NOW, THEREFORE, in consideration of Ten ($10.00) Dollars and other good and
valuable consideration, paid by each party, the receipt and sufficiency of which are hereby
acknowledged by Grantor and Grantee, and in further consideration of the mutual promises and
representations made herein, the parties agree as follows:
1. The foregoing recitals comprise a material part of this document and are
incorporated herein.
2. Grantor does hereby grant and convey to the Grantee and Grantee hereby accepts
an easement for the preservation of the Facade of the Premises (the "Easement"). The "Facade"
of the Premises consists of all of the exterior surfaces of the structures on the Premises. Facade
does not include interior facing elevations of the Premises. It is contemplated by the parties that
the Facade is to be maintained as provided for herein in accordance with the approved Agreement.
The parties may agree to substitute photographs with accompanying text description of the
materials shown, constituting a convenient record of the state of the Facade, as of the date of
completion, and such record shall then be used as the primary evidence for enforcement of this
Easement.
[0P06-9601-015/218920/1] Page 1 of 7
3. The Grantee shall have and hold the Easement granted and conveyed to the benefit
of the Grantee, its successors and assigns, commencing on Completion Date of the Project, as more
specifically described in the Agreement for Facade Improvements. Within ten days of the
Completion Date of the Project, Grantor shall record this Easement in the Public Records of
Pinellas County, Florida. Unless earlier terminated by final judgment of a court of last resort or
by mutual agreement of the parties, this Easement shall remain in effect for five years from the
Completion Date of the Project, at which point, provided Grantor is not in default hereunder, with
notice of such default recorded in the Official Records of Pinellas County, Florida, this Easement
shall expire and be of no further force or effect. Such expiration shall be self -operative and shall
not require the filing of any further instrument of termination.
4. Without the prior express written consent of Grantee, such consent not to be
arbitrarily withheld, conditioned or delayed, Grantor will not undertake nor permit to be
undertaken:
(a) Any alteration, construction, remodeling, demolition, or reconstruction of
structures on the Facade, as described in the approved Agreement, which would be a
material alteration of, or substantial addition to, the present appearance of said Facade; or
(b) The exterior extension of the Facade or the erection of any new or additional
structures attached to the Facade; provided, however, that the cleaning, reconstruction.
repair, repainting or refinishing of presently existing elements of the Facade, to remedy
damage or deterioration, shall be permitted without consent of Grantee so long as it is
performed in a manner which will not result in a material alteration of, or substantial
addition to, the present appearance of the Facade.
Notwithstanding the foregoing, Grantor shall have the right to install on the exterior of the
structure, including the Facade, building and tenant signage as long as such signage is permitted
in accordance with the City of Clearwater Community Development Code. In addition, consent
of the Grantee shall not be required for any action to the extent necessary to rectify a condition
which, in Grantor's reasonable discretion, poses an immediate and substantial risk of causing injury
to persons or property, or for any pledge of the Premises or any part hereof, as security for
indebtedness or otherwise (provided such pledge shall be subject to and subordinate to this
Easement.)
5. Grantor agrees at all times to maintain the appearance and safe condition of the
Facade herein described in a good and sound state of repair. In the event of damage to the
Premises, for which repair or restoration is impractical in the reasonable opinion of the Grantor,
the Grantor may choose to make payment to the Grantee calculated in accordance with Section 7.b
and upon receipt of same, the Grantee shall execute a Termination and Release of Easement.
6. Grantor shall be solely responsible for the construction, maintenance and
preservation and insurance of the Facade and shall indemnify and hold Grantee, its elected and
appointed officials, employees and agents (who may include City of Clearwater officers and
employees working on behalf of the CRA) harmless from all costs, attorneys' fees and claims of
damage to any person, property or premises resulting from the construction, maintenance or
[0P06-9601-015/218920/1] Page 2 of 7
preservation of the Facade, except for any loss, cost, claim or damage caused by the gross or sole
negligence of such parties.
7. In the event of a violation of this Easement, and after written notice from Grantee
to Grantor generally identifying the violation, and Grantor's failure to commence to cure such
violation within thirty (30) days after such written notice (and thereafter diligently continue such
curative work through to completion), Grantee, in order to insure the effective enforcement of this
Easement shall have, and Grantor hereby grants, the following rights to Grantee:
(a) The right to institute legal proceedings to require the restoration of
the Facade to their condition as they generally existed immediately prior to the
event or incident for which such work is required; or
(b) The right of liquidated damages based upon the failure to maintain
the Facade for the duration of this Easement, calculated as follows: Number of
whole months remaining in the term of this Easement (at time of notice of violation)
divided by number of whole months in the entire term of this Easement, times the
dollar amount of reimbursement made from Grantee to Grantor for the Facade
improvements; or
(c) The right to seek any and all other legal and equitable remedies to
enforce Grantor's obligations hereunder.
The failure of the Grantee to enforce any provision herein shall in no event be
deemed a waiver of such provision or the right of the Grantee to thereafter enforce such
provision.
8. The Grantor agrees that employees or agents of the Grantee shall be permitted at
reasonable times (which shall be established in advance by five (5) business days written notice to
Grantor) to come upon the Premises to inspect the Facade for violations of any of the covenants in
this Easement.
9. If any of the provisions of this Easement are determined to be unenforceable or
void, this shall not in any way affect the validity or enforcement of any of the other provisions.
10. Any notices required by this Easement shall be made to the addresses below. Such
notice or response shall be deemed given by either party when hand delivered or deposited for
mailing by certified or registered U.S.P.S. mail, return receipt requested, addressed to the party to
whom such notice or response is required to be given at his or its address set forth below or at such
other address as such party may have designated by notice duly given as provided in this section.
To Grantor:
101 N. Garden LLC
101 N. Garden Ave., Ste 230
Clearwater, Florida 33755
[006-9601-015/218920/1] Page 3 of 7
To Grantee:
Clearwater Community Redevelopment Agency
Attn: CRA Director
112 South Osceola Avenue
Clearwater, Florida 33756
11. All provisions of this Easement shall be construed to be covenants running with the
land, shall touch and concern the land and with every part thereof and interest therein, and all
provisions shall be binding on the parties hereto and on their successors and assigns and any
subsequent owners of the Premises, specifically including any condominium associations or
condominium unit owners. Grantor agrees that the existence and binding nature of the restrictions
contained in this Easement will be referenced by Grantor in any subsequent lease, deed or legal
instrument by which Grantor divests itself of title to or possessory interest in the Premises, or any
part thereof. In the event of the termination of Grantee's existence, the City of Clearwater, Florida,
shall be deemed to be Grantee's successor in interest under this Easement.
12. This Easement shall be governed by and construed in accordance with the laws of
the State of Florida. Any action, in equity or law, with respect to this Easement must be brought
and heard in Pinellas County, Florida. The prevailing party in any such litigation shall be entitled
to all costs thereof, including, but not limited to, reasonable attorneys' fees and court costs at all
trial and appellate levels.
[The remainder of this page is intentionally left blank]
[0P06-9601-015/218920/1) Page 4 of 7
IN WITNESS WHEREOF, the parties have executed this Easement.
Signed, sealed & delivered
In the Presence of:
Name: Nile Chocvoir
GRANTOR
101 N. Garden LLC
101 N. Garden Ave., Ste. 230
Clearwater, FL 33755
Signatur
Print Name l a01- --A � I*
STATE OF FLe AL1 ph
COUNTY OF S
The foregoing instrument was acknowledged before me this 25 day of Lit/Olt
20 % , by C. oyA 200000d6 (name). He/She is personally known to me or has
produced as identification.
MAGGIE GRIFFEN
MY COMMISSION # FF917307
4440,,,,,i7EXPIRES: September 10, 2019
Signed, sealed & delivered
In the Presence of: r
idLot
Name: _o,A-e f`haa.nte
WVv ' '�<�� ; B
`>�f cogoRRATE
Notary 1tic, Stat -3f` R o Q 1 DA
My Commission Expires: O1' 10 -1 9
GRANTEE
Clearwater Community Redevelopment
Agency, a public body corporate and politic
of the State of Florida
Name:
[0P06-9601-015/218920/1 ]
zr � L, °11 _Name: Amanda C. Thompson, Director
"Aa...:'*
`,'J 1*1 FLOR,**P**���`
Page 5 of 7
STATE OF FLORIDA
COUNTY OF PINELLAS AayThe foregoing instrument was acknowledged before me this of 31t (uk
20 I E , by Amanda C. Thompson, as the Director of the Clearwater C munity
Redevelopment Agency, and who has acknowledged that she executed same on behalf of said
Agency, and that she was authorized to do so. She is personally known to me.
Notary Pub ' , Sta f da
My Commission Expires: 5- - a
Notes), Public State of Florida
Anne J Fogarty France
" My Commission GG 207014
p per Expires 05/24/2022
[0P06-9601-015/218920/11 Page 6 of 7
Exhibit A
Legal Description
GOULD & EWING'S 1ST ADD BLK 7, LOTS 5, 6 & 7 LESS RD ON W & PART OF VAC
2.76 FT OF RD R/W S OF LOT 7 & THAT PART OF LAND ON E ADJ TO SD LOTS DESC
BEG AT SW COR OF SD LOT 7 TH S89D13'E 113.44FT TH NOOD 51'21"E 67.74FT TH
N04D57' 56"E 81.68FT TH S88D47' 08"E 1.81FT TH SO4D57' 56"W 81.68FT TH S89D13'E
36.33FT TH N04D57'56"E 75.31FT TH S87D52'46"E 63.91FT TH SO4D42'35"W 73.7FT TH
S89D19'01"E 15FT TH SO4D50'24"W 73.41FT TH N87D49'19"W 232.17FT TO POB
(INCOMPLETE DEED MISSING O.R. 5201/974)
[OP06-9601-015/218920/1] Page 7 of 7