FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY & INFORMATION SERVICES
RESTRICTIVE COVENANTS
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PINELLAS CO BK 11422 PG 1571
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THESE COVENANTS are entered into this I'). day of ~ ,2001, by
City of Clearwater, Florida, a municipal corporation of Florida, w se address IS Post
Office Box 4748, Clearwater, Florida 33758-4748, hereinafter referred to as "the
Owner," and City of Clearwater, Florida, a municipal corporation of Florida, whose
address is Post Office Box 4748, Clearwater, Florida 33758-4748, hereinafter referred
to as "the Grantee/Lessee," and shall be effective, for a period of 20 years from the date
of recordation by the Clerk of the Circuit Court of Pinellas County, Florida.
RECITALS
WHEREAS, the Owner is the fee simple titleholder of the Property located at 905
North Greenwood Avenue, Clearwater, Florida 33755, as further described in Exhibit
"A," attached hereto and made a part hereof, hereinafter referred to as "the Property;"
and
WHEREAS, the Grantee/Lessee is to receive State Library Construction
Grant funds administered by the State of Florida, Department of State, Division of
Library and Information Services, R. A. Gray Building, 500 South Bronough Street,
Tallahassee, Florida 32399-0250, "the Department" in the amount of $300,000.00; and
WHEREAS, said funds have been or will be used for the construction of a new
public library or expansion or remodeling of an existing public library on the Property as
provided in Library Construction Grant Award Number 01-PLC-09.
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NOW THEREFORE, as part of the consideration for the grant, the Owner
and the Grantee/Lessee makes and declares the following restrictive covenants
which shall run with the title to said Property and be binding on the Owner and its
successors in interest, if any, for the period stated in the preamble above:
1. The above Recitals are incorporated herein as if fully set forth.
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2. The Owner and the Grantee/Lessee agree to maintain the Property so that .~,--~
it continues to be used for a public library. _ c;?~~t C:?'IrOo
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3. The Owner and the Grantee/Lessee agree that the Department, its agents and its
designees shall have the right to inspect the Property at all reasonable times in order to
ascertain whether the conditions of the grant and these covenants are being observed.
4. The Owner and the Grantee/Lessee agree that these restrictions shall encumber the
property for a period of 20 years from the date of recordation, and that if these
restrictions are violated within the 20 year period, the Department shall be entitled to
liquidated damages pursuant to the following schedule:
RETURN TO: I ,.""
CITY CLERK
POST OFFICE BOX 4748
CLEARWATER, FL 33758.4748 ! j:'-O () !)--.... 0 ()
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PINELLAS COUNTY FLA,
OFF, REC ,8K 11422 PG 1572
a. If the violation occurs within the first ten years of the effective date
of these covenants, the Department shall be entitled to the return of the
entire grant amount.
b. If the violation occurs after the first ten years, the Department shall
be entitled to return of the entire grant amount, less 10 percent for each
year past the first ten. For example, if the violation occurs after the tenth
anniversary of the effective date of these covenants, but prior to the
twelfth anniversary, the Department shall be entitled to return of 80
percent of the original grant amount.
5. In the event of a violation of these restrictions after the first ten (10) years, the
Department shall release the Owner and the Grantee/Lessee from their obligation to
pay to the Department liquidated damages in accordance with paragraph 4 of these
Restrictive Covenants if the Grantee/Lessee can demonstrate that public library service
is available at an equal or higher level through another facility in the library service
area.
6. The Owner agrees to file these covenants with the Clerk of the Circuit County of the
Pinellas, Florida, and shall pay any and all expenses associated with their filing and
recording.
7. The Owner and Grantee/Lessee agree that the Department shall incur no tax
liability as a result of these restrictive covenants.
IN WITNESS WHEREOF, The Owner and the Grantee/Lessee have read these
Restrictive Covenants and have hereto affixed their signatures.
OWNER
Countersigned:
CITY OF CLEARWATER, FLORIDA
By: ~~I1-~---:JL
William B. Horne, II
Interim City Manager
Leslie K. Dougall- s
Assistant City Attorney
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COUNTY OF PINELLAS )
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The foregoing instrument was acknowledged before me this II day of
~ ,2001 by BRIAN J. AUNGST, Mayor-Commissioner of the City of
Clea ter, who is personally known to me.
PINELLRS COUNTY FLR,
OFF,REC,BK 11422 PG 1573
STATE OF FLORIDA
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PrinUType Name: r
Notary Public
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this II 'I-L day of
~.v"..L , 2001, by WILLIAM B. HORNE, II, Interim City Manager of the City
of CI~ who is personally known to me.
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Print/Type Name:
Notary Public
GRANTEE/LESSEE
Countersigned:
Bn/fzl/k
Mayor-Commissioner
CITY OF CLEARWATER, FLORIDA
By:~B-~Ji
William B. Horne, II
I nterim City Manager
Approved as to form:
Attest:
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Leslie K. Dougall- i es
Assistant City Attorney
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PINELLAS COUNTY FLA
STATE OF FLORIDA ) OFF ,REC ,8K 11422 PG 1574
COUNTY OF PINELLAS ) __ __~
The foregoing instrument was acknowledged before me this /I 'f-t.. day of
~, 2001 by B. RIAN J. AUNGST, Mayor-Commissioner of the City of
~o is personally known to me.
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Print/Type Name: ()
Notary Public
STATE OF FLORIDA )
COUNTY OF PINELLAS )
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he foregoing instrument was acknowledged before me this II day of
,2001, by WILLIAM B. HORNE, II, Interim City Manager of the City
ater, who is personally known to me.
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Print/Type Name:
Notary Public
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EXHIBIT "A"
PINELLRS COUNTY FLR,
OFF,REC,8K 11422 PG 1575
LEGAL DESCRIPTION OF THE PROPERTY
The North 315 feet of the West 265.4 feet, more or less, of NEW COUNTRY
CLUB ADDITION, Block E, unplatted Block E and % of vacated street adjacent
on the East, LESS road right-of-way, as recorded in Plat Book 20, Page 64 of the
Public Records of Pinellas County, Florida.
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