RESTRICTIVE COVENANT CULTURAL FACILITIES GRANTKEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2023229795 09/07/2023 09:39 AM
OFF REC BK: 22555 PG: 2666-2670
DocType:RST RECORDING: $44.00
RESTRICTIVE COVENANT
(Grantee leases land and building from Govt. Entity.)
THIS RESTRICTIVE COVENANT is hereby entered into this 9 day of
I t , 20813 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 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
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:
Project Title: Expandina the Experience Continued Improvements (23.c.cf.200.270)
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 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, folk 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.
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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.
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.
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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:
rst W`Tess Sign.ture
\A I A) N /4i4 -w/a 6/4
First Witness Name (print)
Second Witness Signature
PARTIES:
J4cv1 CFO
GRANTEE SIGNATURE
RANTEE NAME (print)
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G,E/9,aWA- 7-6.2, Fe -3375
GRAN 1 E ADDRESS
Secondtness Name (print) City
The State of Florida County of P r CA (( .5
State Zip
The foregoing instrument was acknowledged before me by means of u physical pres-
ence or _ online notarization, this day of, S II,`23 , by
.6‘,12/LASk, ,c
(Name)
Page•4of
personally
Countersigned:
Bri nJ.A t,
Mayor
CITY OF CLEARWATER, FLORIDA
By:
Approved as to form: Attest:
Melissa Isabel
Assistant City Attorney
ifer Poirrier
City Manager
IV L 1 -11 -
Rosemarie CaII
City Clerk
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