CLEARWATER INDUSTRIAL PARK (2)
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O.R. 115 PAGE 347
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PROTECTIVE COVENANTS
OF THE
CLEARWATER INDU~T~iIAL.-P~RK
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THIS DECLARATION, made this J..(f: day of
~ <; t:L~_._____.___, 195 7'_')"
a municipality organized and ex-
by the City of Clearwater, Florida,
isting by virtue of the laws of the State of Florida, hereinafter call-
ed the Grantor.
WITNESSETH, That:
\iHEdEAS, Grantor is the owner of the real estate described in
Clause I of this Declaration, and is desirous of subjecting the real
property described in Clause I to the conditions, covenants, restrict-
ions" reservations and easements hereinafter set forth, each and all
of which is and are f or the benefit of said property and for each
owner thereof, and shall inure to the benefit of and pass with said
property, and each and every parcel thereof, and shall apply to and
bind the successors in interest, and any owner thereof;
NOW, THEdEFOl'lE, THE CITY OF CLEful~lATEd., FLORIDA, hereby do-
clares that the real property described in and referred to in Clause
I hereof is, and shall be held, transferred, sold, conveyed and oc-
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cupied subject to the conditions, covenants, restrictions, reserva- ~g
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tions and easements hereinafter set forth. :ea
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CLAUSE I. ~.~
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DEFINITION OF TEHMS ;,g
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"Building SiteH shall mean any lot, or portion thereof, or t1;J'O:X~
or more contiguous lots or portions thereof, or 'any parcel of land
upon which a commercial or light industrial building or buildings
and appurtenant stru,ctlJresmay be erect-ed incGmformance Hi th the
requirements of these covenants.
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"Grantor" shall mean the CITY OF CLEMWATER,FLOnIDA, a muni-
cipality organized and existing by virtue of the laws of the State
of Florida.
"Improvements"shall mean and include a commercial or light
industrial building or buildings, outbuildings appurtenant thereto,
parking areas, loading areas, fences, rna~0nry walls, hedges, lawus,
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O.R. 115 PAGE:348
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mass plantings, and any structures of any type or kind located above
ground,
:'Building line or linesll sha:l mean the minimum d:L stance which
structures of any type or kind shall be set back from the property
or street lines, and ref~rence is hereby made to the recorded plat
of tr~ district in which is located the rea: property hereby sub-
je'cted to these covenants for the l.ocation of such building lines.
"Side building site line" shall mean the boundary or property
line dividing two adjoining building sites.
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The real property which is, and shall be, conveyed, trans-
ferred, occupied and sold subject to the conditions, covenants,
restrictjons reservations and easements set forth herein is located
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in the County of Pinellas, State of Fl():::,ida, and is more particularly
described as follo'Vis, to-wit:
The South 1/2 of the NW 1/4 of the Southeast l/lr of Section
1-29-15, together with the SW 1/4 of the NE 1/4 of the SE
1/4~ together "(^lith the W 1/2 of the SE 1/4 of the NE ~/4
of the SE 1/4; together with tne SE 1/4 of the SE 1/4;
together with the SJil 1/4 of the SE 1/4; less the South 495
ft. thereof; all lying in Sect. 1, Township 29S, B.geo 15E;
a~d together with all that portion of the NE 1/4 of the NE
1/4 of Sect. 12-29S-15E lying North of the Seaboa~d Airline
Hailroad,
As shown on th.e plat of ~1ecor.d 1i. tIed IiClearw:ajE:r. Industrial
Park'1 as filed in Plat Book -!::I:..'i-, Page ~_, Public
i1ecords of Pinellas County, F'ioriQa.
CLAUSE II
GENErl.Auw{r:.OSE QF CONDIT~ON~
The real property described in Clause I hereof is subjected
to the conditions, covenants, restrictiohs, reservations and ease-
ments hereby declared to insure proper use and appropriate develop-
ment and improvement of each building site thereof; to protect the
owners of building sites agaj.nst such improper use of surro'~nding
building sites as will depreciate till value of their property; to
guard agaJ.nst the erGction thereon of structures built of improper
or unsuitable materials~ to insure adequate and reasonable develop-
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O.R. 115 PAGE 349
ment of said property~ to encourage the erection of attractive improve-
ments thereon, with appropriate locations thereof on building sites. to
prevent haphazard and inharmonious improvement of building sites' to se-
cure and maintain proper setbacks from streets,and adequate free spaces
bet~^,een structures ~ and in general to provide adequately for a high type
and quality of improvements in said property.
CLAUSE III
GENERAL RESTRICTIONS.,
~ ~ USES
1. The premises shall not, at any time, during the period of fifty
(50) years from July 1, 1956, be used for any other than manufacturing,
industrial or storage purposes, nor shall premises or any part thereof, at
any time during said period, be used for the erection or maintenance there-
on of any ~^,elling, stores, hotels, saloons or boarding houses, and that
there shall not be sold or disposed of at retail upon said premises or any
part thereof, at any time during the period aforesaid, any spirituous, malt
or other intoxicating liquor of any kind or description.
2. Any grantee must erect and complete a building or buildings on said
land in strict accordance with plans and specifications to be approved by
the Grantor, all of ~Thich must be done on or before t1^TO (2) years from the
date the Grantee acquires the land.
Othe~^,ise, each Grantee covenants
and agrees that upon failure to do so the Grantor may repurchase the land
for the exact price paid by the Grantee l..,ithout any interest or penalties.
3. All lands purchased must be occupied by buildings or other struct-
ures so that not less than t1..,enty per cent (20%) of the area purchased, and
not more than sixty per cent (60%) thereof shall be occupied by buildings
or structures.
40 The Grantee shall not cause or suffer to be erected, made~ estab-
lished, or carried on in any manner, on any part of the hereinabove des-
cribed premises any structure for the manufacture or sale of gunp01vderc
vitriol, ink, turpentine, oil or naptha, glass, or varnish, or any other
substance of an inherently dangerous nature.
5. No lot or plot as sh01'ffi on said plat shall be subdivided l.~TithOlt the
written consent of Grantor.
B. FQ.~JhS A,N!LODO~S
1. No noxious or offensive trade or activities shall be carried on,
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O.R. 115 PAGE ~350
par shall anything be done thereon 1'1hich may be or become an annoyance or
nuisance to the said Industrial Park hereby restricted by reason of un-
sightliness or the emission of odors, dust, fumes, smoke or noise.
Co .9.9.N3..TRUCTION AND PLANT DESIGN
1. All buildings erected on the property shall conform to the con-
struction standards specified in the City of Cleari~ater and Southern Build-
ing Code in effect" at the time of such construction.
2. All buildings erected on the property shall be of masonry construct-
ion, or its equivalent or better, but no building thereon shall be con-
structed of sheet aluminum, sheet asbestos, sheet iron or sheet steel, or
corrugated aluminum, asbestos or iron.
3. No building shall be constructed i.ri th illooden frame.
4. Should any buildings be constructed of light-ioreight aggregate, con-
crete blocks, tile blocks or tile brick, the front facing the street of
such buildings shall be finished with a minimum treatment, two-thirds of
the front being stuccoed and one-third covered i.rith face brick, common
brick, natural stone, Terra Cotta or such other materials of similar nat-
in an approved manner iorith vvaterproof paint, or equal.
7. All designs, plans and specifications for all buildings and struct-
ures must be submitted to and approved in iorriting by Grantor.
Do 1~'pSCAPING
1.. No building or structures shall extend beyond the building lines,
and it is hereby declared that said area betioreBn the building lines and the
property lines is to be used either for open landscaped and green areas or
for off-street parking areas. If said area is to be landscaped, it shall
be done attractively iorith la;orn, trees, shrubs, etc., according to plans
first approved in ;..rriting by the Grantor. If said area is to be used for
off-street parking, the parking arrangement and surface must likeiorise be
approved in i.rriting by the Grantor. Any landscaped areas shall be properly
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D.R. 115 PAGE ~351
maintained thereafter in a sightly and well-kept condition.
2. Parking areaS shall be likewise maintained in good condition.
E. BUILDING SETBACKS:
1. No buildings which shall be erected on the above described pro-
perty shall be nearer than fifty (50) feet to the line of any existing
or proposed street, nor shall any such building be erected nearer than
twenty-five (25) feet to the side lines of said property, or nearer than
twenty (20) feet to the rear lot line, or nearer than five (5) feet to
any easement line.
2. Grantor shall have the right to waive enforcement of any setback
line along the rear of any of the lots shown on said plat where the same
is required in connection with the use of contiguous lots owned by the
same grantee and where the same will not detrimentally affect the ad-
joining lot owners.
F.LOADING DOCKS
1. No loading docks may be on any street frontage: Provision for
handling all freight shall be on those sides of any building which do
not face on any street or proposed street.
G. PARKING FACILITIES
1. For each manufacturing, warehousing or other use permitted in
this area subject to these covenants, there shall be provided off-street
automobile parking facilities, such facilities to be approved in writing
by Grantor but to be based generally, but not specifically, at the rate
of one parking space for each two employes to be employed on the prem-
ise'~ by the original Grantee thereof.
H. STORAGE FACILITIES
1. No materials or supplies shall be stored or permitted to remain on
any part of the property outside the buildings constructe~ thereon.
2. Any finished products or semi-finished products stored on the
property outside of said buildings shall be confined to the rear one-half
~f the property, but shall in no instance be placed on that side of a
building parallelling an existing or proposed street.
I = WASTE DIRPOSAl,
1. No waste material or refuse shall be dumped upon or permitted to
r erna in upon any par-t of said property outside of buildings construct'!
thereon, or shall be discharged into any open drainage ditch, creek or
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O.R. 115 PAGE 352
brook on said property.
2. In adiition to the foregoing, the property shall not be used by
any industry ~~hose primary business requires industrial sffi1erage or
~^laste unless the Grantor first approves in ~\rriting the plans for the
disposal of such sewerage or N'aste.
3. No septic tank shall be installed on said premises ~~ri thout first
obtaining the consent of Grantor as to its size and location on said prem-
ises.
J. UJIPROVE1'v1ENTS MADE OR ERECTED
1. Improvements erected on property subject to this declaration as
described in Clause I hereof, shall not exceed forty-five (45) feet in
height to highest point of chimneys, masts, tanks or any other struct-
ure.
K. INDIVIDUAL POWER PLANTS
1. Po~"er, steam or heating plant s of any esta blishment ~""i thin the
confines of the area subject to these restrictions shall be confined to
electrical or substantially equivalent type of po~^rer using only oil, gaso-
line, gas or liquid petroleum products or similar co~bustib1e materials
in its production, or other products ~..,.hich do not produce excessive smoke,
odor or fumes.
L. BILLBOARDS AND SIGNS
1. No billboards or advertising signs other than those identifying
the name, business and products of the person or firm occup~'L)g t~'"i' prcL:..
ises shall be permitted, except that a temporary sign not to exceed ten
(10) feet by twenty (20) feet in size offering the premises for sale or
lease may be permitted.
M. FENCES AND WALLS
1. No fence, m?sonry'"al1, bedge- or mass planting shall bepermit'ted
to extend beyond the building lines established rerein except upon approv-
al in l.vriting by the Grantor.
~ Each of the covenants, conditions, restrictions and reservations set
forth above shall continue and be binding upon Grantor and upon its success-
ors and assigns and upon each of them and all parties and all persons
claiming under them for a period of fifty (50) years from the first day
of July, 1956, and automatically shall continue thereafter for successive
periods of t~"enty-fi ve (25) years each ~
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O.R. 115 PAGE 353
PrlOVIDED, HOWEVE1, That the owners of seventy five (75) percent
of the fee simple of the property subjected to these restrictive covenants,
based upon the number of square feet owned as compared to the total area
restricted, may release all or any part of the land so restricted from
anyone or more of said restrict ions or may change or modify: .any one or
more of said restrictions at the end of this first fifty (50) year per-
iod or any successive twenty-five (25) year period thereafter, by exe-
cuting and acknowledging an appropriate agreement or agreements in writ-
ing for such purposes and filing the same for record with the Clerk of
the Circuit Court of Pinellas County, Florida, at least five (5) years
prior to the expiration of this first fifty (50) year period or of any
successive twenty-five (25) year Period thereafter.
9~ The covenants herein set forth shall run with the land and bind
the present OI'mer, its successors and assigns, and all parties claim-
ing by, through, or under it shall be taken to hold, agree and coven-
ant with the owner of said building sites, its successors and assigns,
and each of them toconfotm to and observe said restrictions as to the
use of building sites and the construction of improvements thereon, but
no restrictions herein set forth shall be personally binding on any cor-
poration, person or persons, except in the case of breaches committed
during its, his or their seisin of, or title to said land, and Grantor
or the owner or owners of any of the above lands shall have the right
to'sue for and obtain an injunction prohibitive or mandatory, to pre-
vent the breach of or to enforce the observance of the restrictions
set forth, in addition to ordinary legal action for damages, and the
failure of Grantor and the owner of any other lot or lots or building
sites hereby restricted to enforce any of the restrictions herein set
forth at the time of its validation, shall in no event be deemed a
waiver of the right 'Eo doS-a ast6uaI1'Y~'suljsequent "foTation. The v:lola-
tion of these restrictions shall not defeat nor render invalid the lien
or any mortgage made in good faith and for value.
P~ Invalidation of anyone of these covenants or any part thereof
by judgments or court order shall in no wise affect ,any of the other
provisions which shall remain in full force and effect.
g~_ Where the written consent of Grantor is required, the same shall
apply to written consent of its City Manager, or if none, to its !~yor
after the same has been duly authorized by the duly elected governing
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O.R. PAGE t.. .
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body of Grantor.
INWITNESSWHEftEOF, THE CITY OF CLEAR~ATER, CLEARWATER, FLOR~DA,
by its duly constituted authorities, has caused this instrument to be
executed this IO".! day of Stj",e , 1957.
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CITY
FLORIDA,
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n~terSig~e~d: .
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Approved as to form and correctness:
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Signed, sealed and delivered
in presence of:
STATE OF FLORIDA
COUNTY OF PINELLAS
I HER.EBY CERTIFY, That on this /D ~ day- of .JON~ ,
1957, personally appeared before me, Jack Taller''"., Lewis Homer, and R. G.
Vlhitehead, , re specti vely GityManager, Mayor-COIrini~siorier, and Oi ty Clerk
of the City of Clearwater, Florida, a municipal corporation existing under
the laws of the State of Florida, to me known to be the individuals and
officers described in and who executed the foregoing conveyance "Protective
Covenants of the Clearwater Industrial Park", and severally acknowledged
the execution thereof to be their free act and deed as such officers there-
unto duly authorized and that the official seal of said municipal corpora-
tion is duly affixed thereto, and the said conveyance is the act and deed
of said corporation.
"',''''UIIIJ,
,~Y""'~'S.Y~SS my signature ani official seal at Clearwater, in the County
.:-"'-.::.'O)'..1tfn~~and State of Florida, the ds..y and year last above written.
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\ ~::., NOfj;!l:!I. 'W~Ii~ ~ie of Florida at large
"'" MY.:tOl'hmls...41~~pires Dee, 27, 1957
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