DECLARATION OF RESTRICTIVE COVENANTS - CLEARWATER GARDENSKEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2024079145 03/2912024 09:25 AM
OFF REC BK: 22749 PG: 576679
DocType:RST RECORDING: $35.50
Prepared by and return to:
Matthew J. Mytych, Esq.
Assistant City Attorney
City of Clearwater
600 Cleveland Street, Suite 600
Clearwater, Florida 33755
DECLARATION OF RESTRICTIVE COVENANTS
(CLEARWATER GARDENS)
4hO
This Declaration of Restrictive Covenants (this "Declaration"), is made this,day of
March, 2024, by THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
CLEARWATER, FLORIDA, a public body corporate and politic of the State of Florida created
pursuant to Part III, Chapter 163, Florida Statutes, hereinafter referred to as "OWNER".
WHEREAS, OWNER is the fee title owner of that certain real property commonly referred
to as 1277 Grove Street, Clearwater, FL 33755 and legally described in Exhibit "A", attached
hereto and incorporated herein (the "Property"), which is currently utilized as a community garden;
and
WHEREAS, OWNER entered into that certain Agreement for Development and Purchase
and Sale of Property with Archway Partners, LLC dated August 23, 2021 (as amended and
assigned, the "Contract") with respect to certain real property including the Property; and
WHEREAS, the Contract provides in part that the Property shall be restricted to use as a
community garden; and
WHEREAS, OWNER desires to ensure that the Property is and shall be held, transferred,
sold, conveyed, leased, mortgaged, used, and improved subject to certain covenants, restrictions,
and other requirements, as set forth in this Declaration.
NOW, THEREFORE, OWNER declares that the Property and any portion thereof shall be
held, transferred, sold, conveyed, leased, mortgaged, used, and improved only subject to these
covenants and restrictions, and other requirements, all as set forth in this Declaration.
1. Recitals. The foregoing recitations are true and correct and are hereby incorporated
herein by this reference.
2. Restrictive Covenants. The Property shall be used solely as a "community garden" for a
period of thirty (30) years commencing on the Effective Date of this Declaration (as
provided in Section 4 herein) (the "Term") and for no other use. For purposes of this
Declaration, "community garden" shall mean an activity on property where more than one
person grows produce and/or horticultural plants for their personal consumption and
enjoyment, for the consumptions and enjoyment of friends and relatives and/or donation
to a not-for-profit organization, generally on a not-for-profit basis. This Declaration,
during the Term , shall be for the benefit of the City of Clearwater, Florida, OWNER, and
any successive owners or assigns.
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3. Lease. As of the date hereof, the Property has been leased by OWNER to Clearwater
Community Gardens, Inc., a Florida not-for-profit corporation, pursuant to that certain
Community Gardens Lease dated February 21, 2024 (the "Lease"). OWNER
acknowledges and agrees that the Lease satisfies, and that any subsequent lease
executed by OWNER with another tenant containing substantially similar use provisions,
or any other use, whether by the owner of the Property or a third party, shall satisfy the
provisions of Section 2 hereof. Any successive lease must comply with this Declaration.
Nothing contained in this Declaration shall prohibit or limit the right of the owner of the
Property from adopting and enforcing reasonable rules and regulations concerning the
use of the Property or maintaining and operating a community garden on the Property in
its own name.
4. Recording. This Declaration shall be recorded in the Public Records of Pinellas County,
Florida, and shall be effective upon such recordation (the "Effective Date").
5. Amendment/Termination. This Declaration may only be amended or terminated upon
written instrument duly executed by both the then owner of the Property and the City of
Clearwater, Florida, and recorded in the Public Records of Pinellas County, Florida.
6. Binding Effect. This Declaration and all the terms, covenants and conditions herein
contained shall be enforceable in a court of competent jurisdiction by the City of
Clearwater, Florida, OWNER, or any successive owners or assigns by means of specific
performance or any other remedy available at law or at equity. Any person, by acceptance
of a deed of conveyance for all or any portion of the Property accepts title to the Property
subject to all terms, covenants and conditions, all of which shall be deemed covenants
running with the land and shall bind any person having at any time, any interest or estate
in the Property.
7. Attorneys' Fees. In the event of any dispute concerning the rights and obligations set forth
herein the prevailing party in any action shall be entitled to reimbursement for its
reasonable attorneys' fees and costs whether incurred at trial or any appealable
proceedings.
8. Governing Law and Venue. The interpretation, construction and enforcement of this
Declaration and all matters related hereto, shall be governed by the laws of the State of
Florida, without application of its conflicts of laws rules. The exclusive venue selected for
any proceeding or suit in law or equity arising from or incident to this Declaration will be in
the Sixth Judicial Circuit for the State of Florida.
9. Invalid or Illegal Provision(s). If any one or more provisions of this Declaration is for any
reason held to be invalid, illegal, or unenforceable in any respect, the invalidity, illegality
or unenforceability will not affect any other provision of this Declaration, which will be
construed as if it had not included the invalid, illegal or unenforceable provision.
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IN WITNESS WHEREOF, OWNER has executed this Declaration as of the day and year
first written above.
Approved as to form:
Matthew J. Mytych, Esq.
CRA Attom/f3f24 Date: 3
STATE OF FLORIDA
COUNTY OF PINELLAS
COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF
CLEARWATER, FLORIDA, a public body
corporate and politic of the State of Florida
created pursuant to Part III, Chapter 163,
Florida Statutes.
Brian J. Aung
Chairperson
Date:
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to
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Rosemarie Calle ''�h��RtDA"������``•
30
City Clerk
Dater„ ®, �jt7 q
Attest:
The foregoing instrument was acknowledged before me by means of 1 'physical presence or 0
online notarization, this /9 "` day of feittai , 2024, by Brian J. Aungst, Sr., as Chairperson of
the Community Redevelopment Agency of the City of Clearwater, a body politic and corporate, on behalf
of said entity. Such persons are personally known to mp or presented as
identification.
My Commission Expires:
My Commission Number:
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Notary lic, State of Florida
Tammy L Cummings
Comm.:HH 212536
* `1 Expires: Jan. 3, 2026
*40740 Notary Public - State of Florida
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EXHIBIT A
Legal Description — Community Garden Property
LOTS 28, 29, 30 AND 31, RE -SUBDIVISION LOTS 11, 12, 13, 14 & 15 PADGETT'S ESTATE,
ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 12, PAGE
24, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
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