RESTRICTIVE COVENANT RESTRICTIVE COVENANT
(Grantee leases land and building from Govt. Entity.)
Si'rl
THIS RESTRICTIVE COVENANT is hereby entered into this f day of
A..)(.4_1(1 , 20.2 t , by City of Clearwater, hereinafter referred to as the "Owner";
Ruth Ec erd Hall, Inc., hereinafter referred to as the "Grantee;" and the State of Florida,
Department of State, Division of Arts and Culture, 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 Fadlitles Grant in the
amount of $250.000, 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
Project Title; Ruth Eckerd Hall 2022 Aoorooriatlon— Llpe,Item f 22.c.cf.9Q0.848)
Page 1 of 6
3.) The Parties agree that for the required duration of this covenant,all improvements to the
facility and the assodated 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 ail
reasonable times to determine whether the conditions of the grant award agreement and
this covenant are being compiled with.
5.) The facility shall be maintained 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.
6.) This restrictive covenant will be violated if the Grantee, the Owner, or their
successors in Interest do not use or cease to use the facility as a cultural facility, as defined
herein, and as required by Section 265.701(4), F.S., within ten (10) years following the
execution of the grant award agreement if the Grantee violates this restrictive 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 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 execu-
tion 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 execu-
tion 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,
and record it in the public records of the county where the facility Is located. 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 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:
Page 2 of 6
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.
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 af-
fix their signatures accordingly.
WITNESSES: PARTIES:
LUT.eitlit ttt)
First Witness Signature GRANTEE SIGNATURE
SC4 ra SAL4u4 cy-0&let-
First Witness Name(print) GRANTEE NAME (print)
It! int Thatil doefh
on. l ess r gnature GRANTEE ADDRESS
41
Second Witness Na e(print) City Ft Zip
The State of Florida County of 9 i it.LASL
The foregoing instrument was acknowl ged before me by means of Aohysical pres-
ence or online notarization,this day of,- , by
' � _personally
(Name)
Page 3 of 6
appeared as CCP 't" for t!t tC._E f LL [WC,
(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 _J%4 ler _
Executed and sealed by me at t.t.eckaataxczt. , Florida on 717.11101
Notary Public In and for
The State of R.bg..tOh
My commission expires: (•)21 ILA
[SEAL)
OP
ti �
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sig
1=''° 'y' 's MY 1GG$4126
Ptak Warman
}� .: .Nne 29.2024
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Page 4 of 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
The foregoing Instrument was acknowledged before me by means of`physical pres-
ence or online notarization,this day of, , by
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 described in and who exe-
cuted 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 5 of 6
For the Division of Arts and Culture:
R.A. Gray Building
500 S. Bronough St.
Tallahassee, Florida 32303
Sandy S :ughnes fOirector
l
,�.,,.. " ` /'-i�
Fi itness Signature First Witness Name (Print)
_war i L` Ii/` d *L, ' /` f/t/l am / d/I a.'t59tek.
'Second Witness •'•nature I Second Witness Name (Print
The State of Florida County of X"\
The foregoing instrument was acknowledged before me by means of ,}physical pres-
ence or_online notarization, this day of,�, by ,K
&OLIALSS(aErsonally
me)
appeared a for the Florida Department of State, Division of
(Position)
Arts and Culture 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 ((Yl:'.ttY �
ec 'ed and sealed by me at ,i, l r, A ..r , Florida on t J.23 .2-44,21 ,.
► Notary Public in and for
The State of (1‘
,,`�;v,•,,,+ RACHELLE ASHMORE
Notary Pubiic-State of Florida y Commission expires: X"J 15
[SEAL] *.d Commission#GG 938131
; ;= tS My Commission Expires
,.,,,, May 15,2023
This document was prepared by the following individual:
Teri R. Abstein
R. A. Gray Building
500 South Bronough Street
Tallahassee, FL 32399-0250
Page 6 of 6
Restrictive Covenant
Ruth Eckerd Hall,Inc. and City of Clearwater
Countersigned: CITY OF CLEARWATER,FLORIDA
j.4,..4--,e lic4All'el
By:
Frank Hibbard 'cah Maxwell
Mayor Interim City Manager
Approved as to form: Attest: 4401ATO
Oa.?4:9PC i it . fr- -
* , / c_.' 0 cdet >..:,NNI 1-- v 'IS,
Owen Kohler Rosemarie Call j ,,'
Assistant City Attorney City Clerk — cy